2024-cv-03289

COMPLAINT filed by Toyota Motor Sales, U.S.A., Inc.; Filing fee $ 405, receipt number AILNDC-21892044.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Schedule A regarding complaint[1]

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Toyota Motor Sales, U.S.A., Inc.

Notice of Claims Involving Trademarks by Toyota Motor Sales, U.S.A., Inc.

ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Trevor Christian Talhami

ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Jennifer Van Nacht

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.)

CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 2). (Text entry; no document attached.)

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for temporary restraining order 13

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Teena Bohi regarding memorandum in support of motion 14

Exhibit 1

(Exhibit 2)

SEALED EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Exhibit 3 Parts 1-8 regarding declaration 16

Exhibit 3-1

Exhibit 3-2

Exhibit 3-3

Exhibit 3-4

Exhibit 3-5

Exhibit 3-6

Exhibit 3-7

(Exhibit 3-8)

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for miscellaneous relief 18

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19

Exhibit 1

(Exhibit 2)

NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order 13, motion for leave to file 3, motion for miscellaneous relief 18 before Honorable John Robert Blakey on 5/8/2024 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: Based upon the materials submitted, this Court grants Plaintiff's motion for leave to file under seal [3] and motion for electronic service of process [18] and strikes the 5/8/24 Notice of Motion date as to all motions. The Court also grants Plaintiff's ex parte motion for entry of a temporary restraining order [13]. Enter sealed temporary restraining order. Consistent with the TRO Order, Plaintiff shall deposit with the Court One Hundred and Four Thousand dollars ($104,000), either cash or surety bond, as security. Absent further order, this TRO shall expire 5/21/24. Mailed notice

SEALED ORDER Signed by the Honorable John Robert Blakey on 5/7/2024. Mailed notice

Registry Deposit Information Form by Toyota Motor Sales, U.S.A., Inc.

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

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of extension of time 25

DECLARATION of Trevor C. Talhami, regarding memorandum in support of motion 26

NOTICE of Motion by Trevor Christian Talhami for presentment of extension of time 25 before Honorable John Robert Blakey on 5/15/2024 at 11:00 AM.

SURETY BOND in the amount of $104,000.00 posted by Toyota Motor Sales, U.S.A., Inc. (Document not scanned).

MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion 25 to extend the temporary restraining order entered 5/7/24 23. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 6/4/24. The 5/14/24 Notice of Motion date is stricken. Mailed notice

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for preliminary injunction as to certain Defendants

(Exhibit A)

MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for preliminary injunction 31

Declaration of Trevor C. Talhami

(Exhibit 1)

NOTICE of Motion by Trevor Christian Talhami for presentment of motion for preliminary injunction 31 before Honorable John Robert Blakey on 5/29/2024 at 11:00 AM.

(Exhibit A)

SUMMONS Returned Executed by Toyota Motor Sales, U.S.A., Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/23/2024, answer due 6/13/2024.

Declaration of Jennifer V. Nacht

(Exhibit A)

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 5/29/2024. No defendant has filed an appearance in this matter or otherwise objected in response to the TRO or Plaintiff's motion for entry of a preliminary injunction [31]. Accordingly, and based upon the same findings made in this Court's TRO [23], this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction [31]. The Court directs the Clerk to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the Court's docket within three business days. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. By 7/15/24, Plaintiff shall file a status report regarding the status of service of process, settlement discussions, and any further information that Plaintiff wishes to bring to the Court's attention. Mailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Robert Blakey on 5/29/2024. Mailed notice

NEW PARTIES: Guangzhou Nanjianyi Automotive Products Co., Ltd., Guangzhou Shen Yun Trading Co., Ltd., Guangzhou Yaerde Automobile Products Co., Ltd., Wenzhou Yilifang Crafts Co., Ltd., Wenzhou Zhongmao Metal Products Co., Ltd., (7-15) day the arrival, A2MJKNIRA37S70, A3NIAVQH5RREP7, AA7RAK5FHKQS3, Angano, blingii, Boparauto, BSYBaiShuYanGS, CANGHAN, Chenfenx, guangzhoubanhuqianmaoyiyouxiangongsi, guchengxianxueyishangmaoshanghang, HAOXP SHOP, hengshuishiwunizishangmaoyouxiangongsi, hndfjkvdfga, hongxibailewanjushanghang, HPing SHOP, hubeishengzhanghonghenhaobaihuodian, jinanzhelushengdianzishangwuyouxiangongsi, JKDD, laohekoushiyayuantongdianzishangwugongzuoshia, Mengyutrading, Miloder-US, mmzzdd, Monong US, Nezuk, nnnrrrzz, OnbArn SHOP, Pinyuan Xuan, RefitEco, SDOROS, SHILIU-US, THE MIMI'S, tongshanxianshenkongjieshangmaoyouxiangongsi, tongshanxiansushouzhuomaoyiyouxiangongsi, US-Anaguma-LLC, vehicode, WANG1MIN, Wei Shu Feng De Dian, weiyuan A Car LED, wengxiaobaihuoshanghang, Woneway, Worth It Shop, wuhujilianliangdianzishangwushanghang, wuyushanshop, yiyufushiyou, YLJ auto parts, yuxihuiqinxinxizixunfuwubu, zhengzhiningshop, zhengzhouzhunguoshangmaoyouxiangongsi, chaopaiok, clothingw, jacket88, jlcar022, lively123, lowprice12, productt, sihuai03, yyds_yyds, accesaauto, AutoFit23, autoparts-jack, autozonestore, Bulubiu Store, CAMmotor, chaobin05, goodrest-motors, GreenGarde, haifan4, Haiqing_autoshop, happyfeet, hotmailauto, hrazi59, kan-9344, largewarehousef, liuyixuan964, navai-parts, newtimet, outfitte, rub_213556, sapirautoparts, sharpeccparts, shwl_24, sichuanyadidaconstru_0, sunflower-auto, sunzhao90, superspace, wangbing48, wookoo-2, xiaos1891, xinshuo0014, yue-xx, yylife888, zhan625758, WEGORE INT, hetiejun0118, Qian Dreamer, yuxiangshop and zhangpeiyao2652 added to case caption. (Text entry; no document attached.)

NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to certain defendants

SUMMONS Returned Executed by Toyota Motor Sales, U.S.A., Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/30/2024, answer due 6/20/2024.

Declaration of Jennifer V. Nacht

(Exhibit A)

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal [37], this case is dismissed without prejudice as to Defendants accesaauto 65, GreenGarde 73, happyfeet 76, hotmailauto 77, largewarehousef 80, navai-parts 82, newtimet 83, outfitte 84, sapirautoparts 86 and sharpeccparts 87. Absent reinstatement within 270 days of the entry of this order, the dismissal will convert to one with prejudice without further order of the Court. Mailed notice

NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to a certain Defendant

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 40, this case is dismissed without prejudice as to Defendant WEGORE INT. Mailed notice

NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to certain defendants

NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to certain defendant

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notices of voluntary dismissal 42 and 43, Defendants Angano 10, Miloder-US 28, kan-9344 79, liuyixuan964 81, yue-xx 97 and Boparauto 12 are dismissed without prejudice. Absent reinstatement on or before 270 days of the entry of this order, the dismissal will convert to one with prejudice without further order of the Court. Mailed notice

NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to certain defendant

MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal 45, this case is dismissed without prejudice under Rule 41(a) as to Defendant vehicode (No. 42). Absent reinstatement by 3/7/25, this dismissal shall automatically convert to a dismissal with prejudice. Mailed notice.

NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to certain defendant

NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to certain defendant

ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Lucas Allen Peterson

NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to a certain Defendant

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for entry of default, MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for entry of default, motion for default judgment 51

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 52

(Exhibit 1)

NOTICE of Motion by Trevor Christian Talhami for presentment of motion for entry of default, motion for default judgment 51 before Honorable John Robert Blakey on 7/17/2024 at 11:00 AM.

(Exhibit A)

MINUTE entry before the Honorable John Robert Blakey: Based upon the filings of the notice of voluntary dismissal 47 and 48, Defendants A2MJKNIRA37S70 7 and yylife888 98 are dismissed without prejudice. Absent reinstatement on or before 270 days of the entry of this order, the dismissal will convert to one with prejudice without further order of the Court. Mailed notice

MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal 50, this case is dismissed without prejudice as to Defendant Wenzhou Zhongmao Metal Products Co., Ltd. (No. 5). Absent reinstatement by 4/15/25, this dismissal shall automatically convert to a dismissal with prejudice. Given the slew of very recent voluntary dismissals (most recently filed the same day as the motion for default judgment), it seems unlikely that Plaintiff can represent definitively that all settlement negotiations have reached an impasse and that default judgment is appropriate at this time, in light of the Court's disinclination to consider piecemeal default judgments. As a result, the Court denies without prejudice Plaintiff's motion for default judgment 51 and strikes the 7/17/24 Notice of Motion date. Mailed notice

NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to certain defendant

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 57, this case is dismissed without prejudice as to Defendant Wenzhou Yilifang Crafts Co., Ltd. Absent reinstatement on or before 270 days of the entry of this order, this dismissal will become one with prejudice without further order of the Court. Mailed notice

NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to certain Defendants

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 59, this case is dismissed without prejudice as to Defendants chaopaiok 56, clothingw 57, jacket88 58, jlcar022 59, lively123 60, lowprice12 61, productt 62, sihuai03 63, yyds_yyds 64, hetiejun0118 101, Qian Dreamer 102, yuxiangshop 103 and zhangpeiyao2652 104. Mailed notice

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for entry of default, MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for default judgment as to all Defendants with the exception of a certain Defendant (Renewed)

Exhibit A

MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for entry of default, motion for default judgment, [61]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[62]

Exhibit 1

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. to approve consent judgment as to a Certain Defendant (Agreed)

Exhibit A

NOTICE of Motion by Trevor Christian Talhami for presentment of motion for entry of default, motion for default judgment, [61] before Honorable John Robert Blakey on 8/28/2024 at 11:00 AM.

Exhibit A

NOTICE of Motion by Trevor Christian Talhami for presentment of motion to approve consent judgment[64] before Honorable John Robert Blakey on 8/28/2024 at 11:00 AM.

Exhibit A

MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's agreed motion for entry of a consent judgment as to Defendant Bulubiu Store (No. 69) [64]. Enter Consent Judgment. Additionally, because it appears (based upon the motion for consent judgment) that Plaintiff's discussions with non-answering Defendants remain ongoing, the Court denies without prejudice Plaintiff's motion for default and default judgment [61]. The 8/28/24 Notice of Motion date is stricken as to both motions. Mailed notice.

CONSENT JUDGMENT. Signed by the Honorable John Robert Blakey on 8/23/2024. Mailed notice.

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for entry of default, MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for default judgment as to all Defendants with the exception of a certain Defendant (Second Renewed)

Exhibit A

(Exhibit 1)

NOTICE of Motion by Trevor Christian Talhami for presentment of motion for entry of default, motion for default judgment, 69 before Honorable John Robert Blakey on 9/4/2024 at 11:00 AM.

(Exhibit A)

ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Marcella Deshonda Slay

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 9/4/2024 on Plaintiff's motion for default and default judgment [69]. No defendant having appeared to object to the motion or otherwise, and for the reasons explained in the accompanying order, the Court grants Plaintiff's motion for entry of default and default judgment as to the Defendants identified in the accompanying Amended Schedule A [69]. Enter Default Judgment Order. All matters in dispute now having been resolved, the case is closed. Civil case terminated. Mailed notice

DEFAULT JUDGMENT ORDER Signed by the Honorable John Robert Blakey on 9/4/2024. Mailed notice

MAILED trademark report to Patent Trademark Office, Alexandria VA.

NOTICE of withdrawal of bond 30 by John Summerfield