2024-cv-02229

COMPLAINT filed by SEMK Products Limited; Jury Demand. Filing fee $ 405, receipt number AILNDC-21758147.

Exhibit 1

(Exhibit 2)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff SEMK Products Limited by Michael A. Hierl

ATTORNEY Appearance for Plaintiff SEMK Products Limited by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff SEMK Products Limited by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff SEMK Products Limited by John Wilson

MOTION by Plaintiff SEMK Products Limited to seal document Plaintiff's Motion for Leave to File Under Seal

Schedule A by Plaintiff SEMK Products Limited Sealed Schedule A Modified on 5/15/2024.

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by SEMK Products Limited

CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Sunil R. Harjani. 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 SEMK Products Limited for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff SEMK Products Limited for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MEMORANDUM by SEMK Products Limited in support of motion for temporary restraining order, 11

Declaration Cheung Declaration

Exhibit 1

Exhibit 2

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

EXHIBIT by Plaintiff SEMK Products Limited Exhibit 3 Part 1 of Cheung Declaration Modified on 5/15/2024.

EXHIBIT by Plaintiff SEMK Products Limited Exhibit 3 Part 2 of Cheung Declaration Modified on 5/15/2024.

EXHIBIT by Plaintiff SEMK Products Limited Exhibit 3 Part 3 of Cheung Declaration Modified on 5/15/2024.

EXHIBIT by Plaintiff SEMK Products Limited Exhibit 3 Part 4 of Cheung Declaration Modified on 5/15/2024.

EXHIBIT by Plaintiff SEMK Products Limited Exhibit 3 Part 5 of Cheung Declaration Modified on 5/15/2024.

EXHIBIT by Plaintiff SEMK Products Limited Exhibit 3 Part 6 of Cheung Declaration Modified on 5/15/2024.

EXHIBIT by Plaintiff SEMK Products Limited Exhibit 3 Part 7 of Cheung Declaration Modified on 5/15/2024.

EXHIBIT by Plaintiff SEMK Products Limited Exhibit 3 Part 8 of Cheung Declaration Modified on 5/15/2024.

EXHIBIT by Plaintiff SEMK Products Limited Exhibit 3 Part 9 of Cheung Declaration Modified on 5/15/2024.

Notice of Claims Involving Trademarks by SEMK Products Limited

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file under seal 7 and motion to file excess pages 10 are granted. Plaintiff's motion for entry of an ex parte temporary restraining order (etc.) 11 is also granted. Enter Sealed Ex Parte Temporary Restraining Order. Telephonic preliminary injunction hearing is set for 4/3/2024 at 8:50 AM. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Motion for preliminary injunction or motion to extend TRO is to be filed by 3/29/2024. Any motion for preliminary injunction filed in this case must be accompanied by a certificate stating upon whom and how the motion has been served. Mailed notice.

ORDER: Signed by the Honorable Matthew F. Kennelly on 3/20/2024. Modified on 5/15/2024.

SURETY BOND in the amount of $ 10,000.00 posted by SEMK Products Limited. (Document not imaged)

MOTION by Plaintiff SEMK Products Limited for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to extend the temporary restraining order 28 is granted. The ex parte temporary restraining order previously entered by the Court is extended to 4/17/2024. The telephonic preliminary injunction hearing set for 4/3/2024 is vacated and reset to 4/17/2024 at 9:05 AM. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Motion for preliminary injunction is to be filed by 4/12/2024 and must be accompanied by a certificate stating upon whom and how the motion has been served.

Document Removed Per Court Order of 4/8/2024 33. Modified on 4/9/2024. (Main Document 30 replaced on 4/9/2024).

MOTION by Plaintiff SEMK Products Limited Plaintiff's Motion to Correct the Record Nunc Pro Tunc

NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to correct the record 31 is granted. The Clerk is directed to remove the image of Docket Item 30. Mailed notice.

NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MOTION by Plaintiff SEMK Products Limited for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by SEMK Products Limited in support of motion for preliminary injunction 37

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 37

NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

ATTORNEY Appearance for Defendant Plauere-us by Christopher Paul Keleher

MOTION by Defendant Plauere-us to dismiss for lack of jurisdiction and alternatively, modify asset restraint

Declaration Manager Declaration

(Exhibit Sales Report)

MINUTE entry before the Honorable Matthew F. Kennelly: The motion by defendant Plauere-us to dismiss for lack of jurisdiction or alternatively to modify the asset restraint will be addressed at the telephonic hearing on plaintiff's motion for preliminary injunction on 4/17/2024 at 9:05 AM, using call-in number 888-684-8852, access code 746-1053.

SUMMONS Issued as to Defendant "anybsgy and all other Defendants identified in the Complaint"(jcc,) (Text entry; no document attached.)

NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

SUMMONS Returned Executed by SEMK Products Limited as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 4/15/2024, answer due 5/6/2024.

NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

CERTIFICATE of Service by Robert Payton Mcmurray on behalf of SEMK Products Limited

ATTORNEY Appearance for Defendants Gudake maoyi, The taste of cooking, ShanXiPengXiao, Qaidam, Jikay, GentleFang, Grand Di, Banquetan, Anroop, gansh, Aucess by Adam Edward Urbanczyk

RESPONSE by Defendants Anroop, Aucess, Banquetan, GentleFang, Grand Di, Gudake maoyi, Jikay, Qaidam, ShanXiPengXiao, The taste of cooking, gansh to motion for preliminary injunction 37

Exhibit 1

Declaration of Chenghu Gan

Declaration of Fanghong Chen

(Declaration of Kang Guo)

NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion and preliminary injunction hearing held on 4/17/2024. Plaintiff's motion for preliminary injunction 37 is granted as to the unrepresented defendants. Plaintiff's counsel is directed to send a new preliminary injunction order to Judge Kennelly's proposed order email address. As to defendant Plauere-Us, the parties have reached a settlement subject to documentation. The temporary restraining order is extended to 4/26/2024 for defendants Gudake Maoyi, The Taste Of Cooking, ShanXiPengXiao, Qaidam, Jikay, GentleFang, Grand Di, Banquetan, Anroop, Gansh, and Aucess. The case is set for a telephonic preliminary injunction hearing on 4/26/2024 at 8:45 a.m. By no later than 4/24/2024, the parties are directed to file a joint status report and/or a reply to the motion for preliminary injunction. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. 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 Matthew F. Kennelly on 4/17/2024. Mailed notice.

NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MOTION by Defendants Jikay, GentleFang, Anroop, Gudake maoyi, ShanXiPengXiao, Banquetan, Qaidam, The taste of cooking, Grand Di, gansh to dismiss for lack of jurisdiction

Declaration of Kang Guo

(Declaration of Fanghong Chen)

MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic hearing set for 4/26/2024 is vacated and advanced to 4/24/2024 at 8:40 AM. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. The requirement to file a status report on 4/24/2024 is vacated. The parties should be prepared to address all pending matters at the 4/24/2042 hearing (including the two pending motions to dismiss, as well as the about-to-expire TRO as to certain defendants).

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status and motion hearings held on 4/24/2024. Plaintiff's response to the defendants' motion to dismiss 57 is due 5/1/2024; defendants' reply is due 5/8/2024. The Temporary Restraining Orders as to the defendants Gudake Maoyi, The Taste Of Cooking, ShanXiPengXiao, Qaidam, Jikay, GentleFang, Grand Di, Banquetan, Anroop, Gansh, and Aucess is extended to 5/20/2024. The case is set for a telephonic status and ruling on a motion hearing on 5/20/2024 at 8:40 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. 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 SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 107

NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 112

NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 168

RESPONSE by Plaintiff SEMK Products Limited Plaintiff's Response to Defendants' Motion to Dismiss [Dkt. No. 57]

Exhibit A

(Exhibit B)

ATTORNEY Appearance for Defendant TORASASI by Bole Yuan

NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

ATTORNEY Appearance for Defendants Mingsi Cosmetics Co., Ltd, Muised, Kanoyavv by Adam Edward Urbanczyk

MOTION by Defendants Kanoyavv, Mingsi Cosmetics Co., Ltd, Muised for extension of time UNOPPOSED

MINUTE entry before the Honorable Matthew F. Kennelly: Motion by defendants Kanoyavv, Mingsi Cosmetics Co., Ltd, and Muised for extension of time 67 is granted; response to complaint is to be filed by 6/5/2024. This does not affect any other date or deadline set by the Court.

REPLY by Defendants Anroop, Banquetan, GentleFang, Grand Di, Gudake maoyi, Jikay, Qaidam, ShanXiPengXiao, The taste of cooking, gansh to Response 63

Notice of Settlement by SEMK Products Limited

Revised Notice of Settlement by SEMK Products Limited

MINUTE entry before the Honorable Matthew F. Kennelly: Motions to dismiss 44 57 are terminated without prejudice as moot based on plaintiff's announced settlements with the moving defendants. The telephonic hearing set for 5/20/2024 is vacated and reset to 6/5/2024 at 9:00 AM, using call-in number 650-479-3207, access code 980-394-33. A joint status report regarding the parties' progress in completing their settlement is to be filed on 5/31/2024 unless stipulations for or notices of dismissal are filed by that date.

ATTORNEY Appearance for Defendant EOTVIA STORE by Christopher Paul Keleher

MOTION by Defendant EOTVIA STORE to dismiss for lack of jurisdiction

(Exhibit Declaration of Jieyi Yuan)

MINUTE entry before the Honorable Matthew F. Kennelly: Response to motion by defendant EOTVIA STORE to dismiss 74 is to be filed by 5/23/2024; reply to response is to be filed by 5/30/2024. Telephonic hearing, unless deemed unnecessary by the Court, is set for 6/5/2024 at 9:00 AM, using call-in number 650-479-3207, access code 980-394-33.

MOTION by Defendant TORASASI for extension of time to file answer Unopposed

MINUTE entry before the Honorable Matthew F. Kennelly: Defendant TORASASI's unopposed motion for extension of time 76 is granted; response to complaint is to be filed on 6/4/2024.

MOTION by Defendant TORASASI to vacate order, preliminary injunction 54 Motion to Dissolve Preliminary Injunction as to TORASASI only

Declaration of Jingxian Deng

Exhibit A

Exhibit B

(Exhibit C)

MINUTE entry before the Honorable Matthew F. Kennelly: Response to motion by defendant TORASASI to vacate preliminary injunction 78 is to be filed by 5/28/2024; reply to response is to be filed by 6/3/2024. Telephonic hearing, unless deemed unnecessary by the Court, is set for 6/5/2024 at 9:00 AM, using call-in number 650-479-3207, access code 980-394-33.

NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

Notice of Settlement by SEMK Products Limited

MINUTE entry before the Honorable Matthew F. Kennelly: Defendant EOTVIA STORE's motion to dismiss for lack of personal jurisdiction 74 is denied as moot based on the parties' settlement. The telephonic status hearing set for 6/5/2024 remains as-is.

MOTION by Plaintiff SEMK Products Limited for extension of time Plaintiff's Unopposed Motion for a First Extension of Time to File a Response to Defendant's Motion to Dissolve the Preliminary Injunction as to Defendant No. 116 "TORASASI" ONLY [Dkt. No. 78]

NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 75

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's unopposed motion for extension of time 84 is granted. Due date for response by defendant TORASASI to dissolve preliminary injunction is extended to 6/4/2024; due date for reply to response is extended to 6/11/2024. Telephonic hearing set for 6/5/2024 is vacated and reset to 6/18/2024 at 9:05 AM, using call-in number 650-479-3207, access code 980-394-33.

NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 116 "TORASASI"

NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's claims against defendant TORASASI are voluntarily dismissed without prejudice, and accordingly, TORASASI's motion to vacate the preliminary injunction 78 is moot. The telephonic hearing set for 6/18/2024 is vacated. The case is set for a telephonic status hearing on 7/16/2024 at 9:05 AM, using call-in number 650-479-3207, access code 980-394-33. Plaintiff is directed to file a status report on 7/9/2024.

MOTION by Plaintiff SEMK Products Limited for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff SEMK Products Limited for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A

(Exhibit Amended Schedule A)

MEMORANDUM by SEMK Products Limited in support of motion for default judgment, 92

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 92

(Exhibit Hierl Exhibit 1)

CERTIFICATE of Service by Robert Payton Mcmurray on behalf of SEMK Products Limited

MOTION by Defendant Aucess for extension of time

MOTION by Defendant VOLTENICK to dismiss case, unfreeze Walmart Store VOLTENICK. (Received via pro se email on 06/19/2024)

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to file excess pages 91 is granted. Plaintiff's motion for entry of default judgment 92 is granted as to all defendants other than Aucess. Enter Final Default Judgment Order As To Certain Defendants. Motion by defendant Aucess for extension of time 96 is granted; response to complaint is to be filed by 7/19/2024. The telephonic status hearing set for 7/16/2024 is vacated and reset to 7/31/2024 at 8:50 AM. The following call-in number will be used for the hearing: 650-479-3207, access code 980-394-33. A joint status report with a proposed schedule for further proceedings is to be filed on 7/24/2024. Mailed notice.

FINAL DEFAULT JUDGMENT ORDER AS TO CERTAIN DEFENDANTS: Signed by the Honorable Matthew F. Kennelly on 6/20/2024. Mailed notice.

MINUTE entry before the Honorable Matthew F. Kennelly: The Court entered a default judgment against all but one of the remaining defendants in this case on plaintiff's motion. The Court then received on 6/20/2024 a submission from defendant VOLTENICK stating that it had settled with plaintiff prior to the date the motion for default judgment was filed; paid the agreed upon amount before that date; plaintiff confirmed receipt of the funds; but plaintiff did not confirm dismissal of the case. Indeed, VOLTENICK was one of the parties on which plaintiff sought, after the apparent dates of the events recounted in VOLTENICK's submission, a default judgment. Plaintiff is ordered to show cause why the judgment should not be vacated against VOLTENICK and why, if what VOLTENICK says is correct, why a sanction should not be imposed upon plaintiff's counsel under 28 USC 1927, Rule 11, and/or the Court's inherent authority. An in-person show cause hearing is set for 6/25/2024 at 9:25 AM. Lead counsel for plaintiff must appear at that time.

MOTION by Plaintiff SEMK Products Limited to vacate Plaintiff's Motion to Vacate the Default and Default Judgment of Defendant No. 177 "VOLTENICK" Pursuant to Fed.R.Civ.P. 60

NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 177

MINUTE entry before the Honorable Matthew F. Kennelly: In person show cause hearing held on 6/25/2024. The motion to vacate the default as to defendant Voltenick 101 is granted. The default judgment entered on 6/20/2024 is vacated as to defendant Voltenick only. Defendant Voltenick's motion to dismiss 99 is terminated as moot. Mailed notice.

MINUTE entry before the Honorable Matthew F. Kennelly: The order to show cause entered on 6/21/2024 100 is vacated. Mailed notice.

SATISFACTION of Judgment

STATUS Report by SEMK Products Limited

SATISFACTION of Judgment

MOTION by Defendant Aucess for extension of time UNOPPOSED

MINUTE entry before the Honorable Matthew F. Kennelly: Defendant Aucess's third motion for extension of time [108] is granted; response to complaint is to be filed by 8/7/'2024. This is the final extension, and it does not affect any other date or deadline set by the Court.

STATUS Report Joint Status Report by SEMK Products Limited

MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report. The telephonic status hearing set for 7/31/2024 is vacated and reset to 8/15/2024 at 9:00 AM. The following call-in number will be used for the hearing: 650-479-3207, access code 980-394-33. A joint status report with a proposed schedule for further proceedings is to be filed on 8/8/2024.

PRO SE Appearance by Defendant Itzhak Sade. (Received via Box.com on 08/01/24)

NOTICE of Voluntary Dismissal by SEMK Products Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 69

STATUS Report Joint Status Report by SEMK Products Limited

MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the status report filed on 8/8/2024. No defendants remain in the case. The Clerk is directed to terminate the case. Civil case terminated. Mailed notice.

SATISFACTION of Judgment