2024-cv-12426

COMPLAINT filed by Birkenstock US BidCo, Inc. ; Filing fee $ 405, receipt number AILNDC-22795251.

Exhibit 1

SEALED EXHIBIT by Plaintiff Birkenstock US BidCo, Inc. Schedule A regarding complaint[1]

MOTION by Plaintiff Birkenstock US BidCo, Inc. for leave to file under Seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Birkenstock US BidCo, Inc.

Notice of Claims Involving Trademarks by Birkenstock US BidCo, Inc.

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Jennifer Van Nacht

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Thomas Joseph Juettner

CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 2). (dec,)

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. (dec,)

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

NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file[3] before Honorable John Robert Blakey on 12/11/2024 at 11:00 AM.

AMENDED complaint by Birkenstock US BidCo, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Birkenstock US BidCo, Inc. Schedule A regarding amended complaint 12

MOTION by Plaintiff Birkenstock US BidCo, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for temporary restraining order 14

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

DECLARATION of Kia Holifield Wimmer regarding memorandum in support of motion 15

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Birkenstock US BidCo, Inc. Exhibit 2 regarding declaration 17

MOTION by Plaintiff Birkenstock US BidCo, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for miscellaneous relief 19

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

NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief 19, motion for temporary restraining order 14, motion for leave to file 3 before Honorable John Robert Blakey on 12/18/2024 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: Based upon the materials submitted, the Court grants Plaintiff's motion for leave to file under seal [3] and motion for electronic service of process [19]. The Court also grants Plaintiff's ex parte motion for entry of a temporary restraining order [14]. Enter sealed temporary restraining order. Absent further order, this TRO will expire on 12/30/24. The 12/18/24 Notice of Motion date is stricken as to all motions. Mailed notice

SEALED ORDER Signed by the Honorable John Robert Blakey on 12/17/2024. Mailed notice

Registry Deposit Information Form by Birkenstock US BidCo, Inc.

MOTION by Plaintiff Birkenstock US BidCo, Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by Birkenstock US BidCo, Inc. in support of extension of time[26]

DECLARATION of Jennifer V. Nacht regarding memorandum in support of motion[27]

NOTICE of Motion by Jennifer Van Nacht for presentment of extension of time[26] before Honorable John Robert Blakey on 1/8/2025 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion [26] to extend the temporary restraining order entered 12/17/24 [24]. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 1/14/25. The 1/8/25 Notice of Motion date is stricken. Mailed notice.

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.

MAILED trademark report to Patent Trademark Office, Alexandria VA.

(Trademarks)

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

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Madeline Halgren

MOTION by Plaintiff Birkenstock US BidCo, Inc. for preliminary injunction

Exhibit A

MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for preliminary injunction[35]

Declaration of Jennifer V. Nacht

NOTICE of Motion by Jennifer Van Nacht for presentment of motion for preliminary injunction[35] before Honorable John Robert Blakey on 1/8/2025 at 11:00 AM.

Exhibit A

SUMMONS Returned Executed by Birkenstock US BidCo, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/3/2025, answer due 1/24/2025.

Declaration of Madeline B. Halgren

Exhibit A

MINUTE entry before the Honorable John Robert Blakey: Based upon the Court's trial schedule, the 1/8/25 Notice of Motion date is stricken, and the hearing on Plaintiff's motion for preliminary injunction [35] is hereby reset to 1/10/25 at 11:00 a.m. in Courtroom 1203. Mailed notice.

ATTORNEY Appearance for Defendant HuiMingYouLai by Yizhou Liu

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Lucas Allen Peterson

MINUTE entry before the Honorable John Robert Blakey: The Court grants Defendant HuiMingYouLai's oral request to appear for the 1/10/25 motion hearing by telephone. Counsel shall call 650-479-3207 and utilize access code 2313 562 0314. Members of the public and media will be able to call in to listen to this hearing. 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. Mailed notice.

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 1/10/2025 regarding Plaintiff's motion for preliminary injunction [35]. Defendant HuiMingYouLai appeared. For the reasons stated on the record, the motion for preliminary injunction [35] is denied without prejudice. The parties are to meet and confer regarding any agreement to extend the TRO entered 12/17/24. Mailed notice.

MOTION by Plaintiff Birkenstock US BidCo, Inc. for extension of time of Temporary Restraining Order (AGREED)

NOTICE of Motion by Jennifer Van Nacht for presentment of extension of time[44] before Honorable John Robert Blakey on 1/22/2025 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: The Court grants the parties agreed motion [44] to extend the temporary restraining order entered 12/17/24 [24], strikes the 1/22/25 Notice of Motion date, and, by agreement, hereby extends the TRO to 1/28/25. Mailed notice.

MOTION by Plaintiff Birkenstock US BidCo, Inc. to Extend the Temporary Restraining Order and Answer Deadline (Agreed)

NOTICE of Motion by Jennifer Van Nacht for presentment of motion for miscellaneous relief 47 before Honorable John Robert Blakey on 2/5/2025 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: The Court grants the parties' agreed motion to extend time 47, strikes the 2/5/25 Notice of Motion date, and, by agreement extends the temporary restraining order entered 12/17/24 24, and Defendant's responsive pleading deadline, to 2/21/25. Mailed notice.

NOTICE of Voluntary Dismissal by Birkenstock US BidCo, Inc. as to certain defendant

MINUTE entry before the Honorable John Robert Blakey: Based upon Plaintiff's notice of dismissal 50, this case is dismissed without prejudice as to the sole Defendant, HuiMingYouLai. Absent reinstatement by 3/31/25, this dismissal shall automatically convert to a dismissal with prejudice. All matters in dispute having been resolved, this case is closed. Civil case terminated. Mailed notice.