2024-cv-11706

COMPLAINT filed by Jeff Bartels; Filing fee $ 405, receipt number AILNDC-22726567.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Jeff Bartels Schedule A to Complaint 1

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Jeff Bartels by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Jeff Bartels by Adam Grodman

ATTORNEY Appearance for Plaintiff Jeff Bartels by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff Jeff Bartels by Christopher Romero

ATTORNEY Appearance for Plaintiff Jeff Bartels by Monica Rita Martin

ATTORNEY Appearance for Plaintiff Jeff Bartels by Yanling Jiang

ATTORNEY Appearance for Plaintiff Jeff Bartels by Yi Bu

MAILED Copyright report to Registrar, Washington DC

CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 3).

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 Jeff Bartels for leave to file under seal

MOTION by Plaintiff Jeff Bartels for leave to file excess pages

MEMORANDUM in Support of 14 Exparte Motion

Declaration of Keith A. Vogt

Exhibit 1-4, of Keith A. Vogt's Declaration

Declaration of Jeff Bartels

(Exhibit 1, of Jeff Bartels' Declaration)

SEALED EXHIBIT by Plaintiff Jeff Bartels Sealed Exhibit 2, Declaration of Jeff Bartels regarding memorandum in support of motion, 15

Exhibit 2-1

Exhibit 2-2

Exhibit 2-3

Exhibit 2-4

Exhibit 2-5

Exhibit 2-6

Exhibit 2-7

(Exhibit 2-8)

Presentment for Exparte Motion 14 and NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file 12, motion for leave to file excess pages 13 before Honorable Manish S. Shah on 11/21/2024 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motions 12 13 14 are granted, and no appearance is necessary. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, account information would be redirected, defeating plaintiff's interests in identifying defendants and stopping the infringement. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. There is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the limited asset freeze. The court is not restraining all of defendants' assets and accounts, but is only restraining money traceable to sales of infringing products. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, joinder, and personal jurisdiction. The court finds that security in the amount of $180,000 is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Notices Mailed.

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 11/18/2024. Notices Mailed.

MOTION by Plaintiff Jeff Bartels for preliminary injunction

MINUTE entry before the Honorable Manish S. Shah: No appearance on 11/27/24 is necessary. Any objections to the motion for a preliminary injunction must be properly filed by 11/27/24. If no objections are filed, the motion will be considered unopposed and the court will rule by cm/ecf. Notices Mailed.

MOTION by Plaintiff Jeff Bartels for extension of time to Post Bond

NOTICE of Motion by Keith A. Vogt for presentment of extension of time 25 before Honorable Manish S. Shah on 11/27/2024 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 25 is granted, and no appearance is necessary. Plaintiff may post the bond by 12/2/24. Notices Mailed.

SURETY BOND in the amount of $ 180,000.00 posted by Jeff Bartels. (Document not imaged)

NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants

NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 1 YangChiCao and no 96 ToBe-Unique

MOTION by Plaintiff Jeff Bartels for default judgment as to the Defendants Identified in First Amended Schedule A

MEMORANDUM by Jeff Bartels in support of motion for default judgment 31

Exhibit 1

Exhibit 2

(Declaration of Keith A. Vogt)

NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment 31 before Honorable Manish S. Shah on 1/7/2025 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: No objections to the motion for preliminary injunction were filed. The motion is unopposed and granted. Enter Preliminary Injunction. The Clerk is directed 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. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Notices Mailed.

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 12/16/2024. Notices Mailed.

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 12/20/2024: Mailed notice.

NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants

NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 32 MOPE SHOP and no. 102 brandPAURO

MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. No defendants have appeared or objected to the entry of default judgment. For the same reasons preliminary injunctive relief was appropriate, permanent injunctive relief is appropriate. Based on the price point of the products, the absence of any evidence of lost sales or profits, and the need to deter infringement that is easy to commit, the court concludes that $12,500 is an appropriate award of statutory damages. Enter Default Judgment Order and terminate civil case. Emailed notice

DEFAULT FINAL JUDGMENT ORDER signed by the Honorable Manish S. Shah on 1/7/2025. Emailed notice (cn). Modified on 1/8/2025.

MAILED copyright report to Registrar, Washington DC.

SATISFACTION of Judgment as to Defendant no. 39 Mokiwala

NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 86 XStarOcean_FOTN