2024-cv-11186

COMPLAINT filed by FCA US LLC; Filing fee $ 405, receipt number AILNDC-22671114.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff FCA US LLC Schedule A regarding complaint[1]

MOTION by Plaintiff FCA US LLC for leave to file under seal

CIVIL Cover Sheet

CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. 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.

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by FCA US LLC

Notice of Claims Involving Trademarks by FCA US LLC

ATTORNEY Appearance for Plaintiff FCA US LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff FCA US LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff FCA US LLC by Kahlia Roe Halpern

ATTORNEY Appearance for Plaintiff FCA US LLC by Berel Yonathan Lakovitsky

MOTION by Plaintiff FCA US LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by FCA US LLC in support of motion for temporary restraining order 11

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 12

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Thomas H. Hipelius regarding memorandum in support of motion 12

(Exhibit 1)

SEALED EXHIBIT by Plaintiff FCA US LLC Exhibit 2 - Parts 1-2 regarding declaration 14

Exhibit 2-1

(Exhibit 2-2)

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

MEMORANDUM by FCA US LLC in support of motion for miscellaneous relief 16

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 17

Exhibit 1

(Exhibit 2)

MEMORANDUM by FCA US LLC Establishing that Joinder is Proper

DECLARATION of Justin R. Gaudio regarding memorandum 19

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

Exhibit 7

(Exhibit 8)

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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons in the accompanying Order, the Court finds that Defendants in this case are not properly joined. Therefore, the complaint is dismissed without prejudice. By January 14, 2025, Plaintiff is directed to amend its complaint to eliminate all improperly joined defendants. If the amended complaint names more than one defendant, Plaintiff must simultaneously file a memorandum explaining why joinder of those defendants is proper. Plaintiff's motion for leave to file under seal, R. 3, is granted, but all other pending motions 11, 16 are denied as moot. Mailed notice.

ORDER: Signed by the Honorable Franklin U. Valderrama on 1/2/2025. Mailed notice.

AMENDED complaint by FCA US LLC against The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

SEALED EXHIBIT by Plaintiff FCA US LLC Schedule A regarding amended complaint[24]

MOTION by Plaintiff FCA US LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by FCA US LLC in support of motion for temporary restraining order[26]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[27]

DECLARATION of Thomas H. Hipelius regarding memorandum in support of motion[27]

Exhibit 1

SEALED EXHIBIT by Plaintiff FCA US LLC Exhibit 2 regarding declaration[29]

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

MEMORANDUM by FCA US LLC in support of motion for miscellaneous relief[31]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[32]

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motions, the Court grants Plaintiff's motion for a temporary restraining order [26], and motion for electronic service of process [31]. Provided that Plaintiff provides the security described in paragraph 9 of the temporary restraining order, the temporary restraining order shall become effective on 1/13/2025 at 6:00 p.m. and shall expire in fourteen (14) days from the effective date. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER: Signed by the Honorable Franklin U. Valderrama on 1/8/2025. Mailed notice.

ATTORNEY Appearance for Plaintiff FCA US LLC by Yu Hin Jeffrey Tsai (Tsai, Yu Hin)

DECLARATION of Justin R. Gaudio

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

MOTION by Plaintiff FCA US LLC for preliminary injunction

Exhibit A

MEMORANDUM by FCA US LLC in support of motion for preliminary injunction[38]

DECLARATION of Berel Y. Lakovitsky regarding memorandum in support of motion[39]

SUMMONS Returned Executed by FCA US LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/21/2025, answer due 2/11/2025.

Declaration of Y. Jeffrey Tsai

Exhibit A

MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Plaintiff's motion for entry of a preliminary injunction [38]. The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed Defendant does not appear or object by or before 2/12/2025. If no objection is filed by that date, the Court will consider the motion unopposed by Defendant. Plaintiff is directed to file a status report on 2/13/2025 as to whether the preliminary injunction is opposed or not. Plaintiff must serve this minute order upon Defendant within one business day of its entry on the docket and must file proof of that service within two business days after service. Mailed notice.

CERTIFICATE of Service by Plaintiff FCA US LLC regarding set deadlines, 42

(Exhibit A)(Tsai, Yu Hin)

MOTION by Plaintiff FCA US LLC for entry of default, MOTION by Plaintiff FCA US LLC for default judgment as to all Defendants

Exhibit A

MEMORANDUM by FCA US LLC in support of motion for entry of default, motion for default judgment[44]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[45]

Exhibit 1

MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Plaintiff's motion for entry of default 44. Plaintiff claims that "[t]he answer deadline has passed." R. 45 at 4 (citing Fed. R. Civ. P. 12(a)(1)(A)). Rule 12(a)(1)(A) provides for 21 days from the date of service for a defendant to answer or otherwise plead. Here, Defendant was served on 1/21/2025. R. 41. Defendant's answer is therefore not due until 2/11/2025 (which is clearly reflected on the docket), meaning Defendant is not currently in default. Id. The Court therefore denies Plaintiff's motion 44. Mailed notice.

STATUS Report per 42 by FCA US LLC

(Exhibit A)

MOTION by Plaintiff FCA US LLC for entry of default, MOTION by Plaintiff FCA US LLC for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by FCA US LLC in support of motion for entry of default, motion for default judgment 49

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 50

(Exhibit 1)

MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff's Motion for Entry of Default and Default Judgment against the Defendants Identified in Schedule A 49 is granted. Enter Final Judgment Order. Plaintiff's motion for preliminary injunction 38 is terminated as moot. Civil case terminated. Mailed notice.

FINAL JUDGMENT ORDER: Signed by the Honorable Franklin U. Valderrama on 2/25/2025. Mailed notice.