2024-cv-03685

COMPLAINT filed by Pit Viper, LLC; Filing fee $ 405, receipt number AILNDC-21935605.

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

MAILED Patent report to Patent Trademark Office, Alexandria VA

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable David Weisman. 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.

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[14]

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

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Vance Lommen regarding memorandum in support of motion[15]

Exhibit 1

SEALED EXHIBIT by Plaintiff Pit Viper, LLC Exhibit 2 - Parts 1-6 regarding declaration[17]

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[19]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[20]

Exhibit 1

Exhibit 2

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for leave to file under seal [3], ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [14], and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [19] are set for a telephonic motion hearing on 5/15/2024 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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 Andrea R. Wood: Telephonic motion hearing held on 5/15/2024. For the reasons stated on the record, Plaintiff's motion for leave to file under seal [3], ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [14], and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [19] are granted. Enter Sealed Temporary Restraining Order. The Clerk is directed to maintain the following documents under seal until further order of this Court: (1) Schedule A to the complaint [2], and (2) Exhibit 2 - Parts 1-6 [18]. The Temporary Restraining Order shall be maintained under seal until further order of the Court. The Temporary Restraining Order is entered effective 9:15 a.m. on 5/15/2024 and shall expire in fourteen (14) days. It is further ordered that Plaintiff shall deposit with the Court ten thousand dollars ($10,000.00) as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Telephonic status hearing set for 5/29/2024 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Andrea R. Wood on 5/15/2024. Mailed notice

Registry Deposit Information Form by Pit Viper, LLC

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A

CIVIL 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[27]

DECLARATION of Rachel S. Miller regarding memorandum in support of motion[28]

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's ex parte motion to extend the temporary restraining order 27 is granted. The Court finds good cause to extend the temporary restraining order an additional 14 days to 6/12/2024. Telephonic status hearing set for 5/29/2024 is stricken and reset for 6/12/2024 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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 Defendant JUWANYI EU by Zheng Gong

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

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[33]

Declaration of Rachel S. Miller

Exhibit 1

SUMMONS Returned Executed by Pit Viper, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/7/2024, answer due 6/28/2024.

Declaration of Trevor C. Talhami

Exhibit A

ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Justin Tyler Joseph

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 6/12/2024. Only Plaintiff appeared. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction as to certain defendants [33] is granted. Enter Preliminary Injunction Order. The Clerk's Office is directed to unseal: (1) Schedule A to the complaint [2], (2) Exhibit 2 - Parts 1-6 [18], and (3) the sealed temporary restraining order [24]. Plaintiff's counsel is ordered to add ALL Defendant names listed in the 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. Telephonic status hearing set for 8/1/2024 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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 Andrea R. Wood on 6/12/2024. Mailed notice

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

NEW PARTIES: Changde Hailian Imp & Exp Co., Ltd., Wenzhou Xingyun Optics Co., Ltd., Wenzhou Zhiheng Glasses Co., Ltd., Yiwu Jinhua Accessories Co., Ltd., Yiwu Youngle Trading Co., Ltd., A1MCRRSN52608D, Channel 7th, damai1234, guangxipingguoshizhongxiashangmaoyouxiangongshi, guangzhouhongyuanmaoyishanghang gerenduzi, guangzhouzhengyimaoyishanghang gerenduzi, GZP SHOP, haikonuoshisanmaoyishanghang gerenduzi, highendtoy, hongxinling, HuanLang, nishangcarfloormat, Nongwm SHOP, Xpose, yunzhixiangshangmao ltd, ccl1, cgwatch, cgzydh01, chenweiqin7, christmas_shop1, chuchu11, corteizs_shop1, designerjewelry88, dh_fashion1, dh_good_top1, dh_top1_clothing, dhczjy003, dhczjy004, dhgate_94, dhgate_hxw, dhgate_xq, dhgateqzpmax, dhgatetian, dhlindamailin5, dhlindamailin6, dongdongshan68, fangyuekai6, fashion_cap1, fashion_cap2, fashion_cool, fashion_hat_kl, glassesse, gold_medal_store004, highend_sunglasses, homeitemsstore, hot_selling_shop1, huanghaodhgate1, huanghaodhsale, jacket_love_shop, jxl003jewelry, lczj9, linrenying119, liying566, lululemonone, luxurymvp, meiling33, qiuxuejian10, qqqww12343, qzpdhgatevip888, raybana3, raybanc, royal860911, rude_boy_cap1, sandra860911, sunglassess1, taipu1, taipushangdian, the1966s, topvip66, vip88outdoor, wyiu, xiaocaishen_glasses, xp_super_shop, ycsdhgate000, youbeya33, zmydhgate1, zpdaop, 2023-DE-LED-Lights, Fashion-CN-2023, Cross-border trade-SH, DONGXUAN Co.Ltd, HanYuShangMao, Kaiyu Co., Ltd., Manzhenjie toy co., ltd, mike-llc, MINTHREE OUTLET, WhiteKnight, yiwushixiaodashangmaoyouxiangongsi and Zitingyi Trading Co., Ltd. added to case caption.

ATTORNEY Appearance for Defendant DONGXUAN Co.Ltd by He Cheng

MOTION by Defendant DONGXUAN Co.Ltd to dismiss for lack of jurisdiction

(Exhibit Decl. of Zhu)

MOTION by Plaintiff Pit Viper, LLC to compel

DECLARATION of Trevor C. Talhami regarding motion to compel 42

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

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

MOTION by Defendant DONGXUAN Co.Ltd to clarify the discovery directives contained in the Temporary Restraining Order

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[46]

Declaration of Rachel S. Miller

Exhibit 1

SUMMONS Returned Executed by Pit Viper, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/30/2024, answer due 8/20/2024.

Declaration of Trevor C. Talhami

Exhibit A

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

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 8/1/2024. As discussed on the record, the Court will allow limited personal jurisdictional discovery as to Defendant DONGXUAN Co. Ltd. The parties will be permitted to serve up to five document requests and ten interrogatories, and may conduct one deposition per side. If depositions are necessary, the parties are encouraged to consider depositions by written questions pursuant to Fed. R. Civ. P. 31. Jurisdictional discovery shall be completed by 10/1/2024. Plaintiff's motion for entry of a preliminary injunction as to Defendant Nos. 1-5 46 is granted. Enter Order. Plaintiff's motion to compel 42 and Defendant DONGXUAN Co. Ltd's motion to clarify 45 are terminated as moot. Telephonic status hearing set for 10/3/2024 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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 Andrea R. Wood on 8/1/2024. Mailed notice

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

STIPULATION of Dismissal as to a Certain Defendant (Joint)

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 54

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 55

(Exhibit 1)

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for entry of default and default judgment as to all remaining defendants 54 will be heard at the telephonic hearing set for 10/3/2024 at 9:00 AM. Any party wishing to be heard on the motion shall contact the courtroom deputy (laritza_arcos@ilnd.uscourts.gov) for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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 Andrea R. Wood: Telephonic status and motion hearing held on 10/3/2024. Only Plaintiff appeared. For the reasons stated on the record, Plaintiff's motion for entry of default and default judgment as to all remaining defendants 54 is taken under advisement. Telephonic status hearing set for 10/18/2024 at 9:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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 Andrea R. Wood: Plaintiff's motion for entry of default and default judgment as to all remaining defendants 54 is granted. Enter Default Judgment order. Telephonic status hearing set for 10/18/2024 is stricken; parties need not appear. Civil case terminated. Mailed notice

DEFAULT JUDGMENT ORDER. Signed by the Honorable Andrea R. Wood on 10/18/2024. Mailed notice

MAILED Trademark report with certified copy of minute order dated 10/18/2024 to Patent Trademark Office, Alexandria VA

FULL SATISFACTION of Judgment regarding order 60 in the amount of $500,000 as to certain defendant