2024-cv-13027

COMPLAINT filed by Chubby Gorilla, Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22861207.

Schedule A

Ex.1

Ex.2

Ex.3

Ex.4

Ex.5

Ex.6

Ex.7

Ex.8

Ex.9

Ex.10

(Ex.11)

CIVIL Cover Sheet

MOTION by Plaintiff Chubby Gorilla, Inc. for leave to file Documents Under Seal

ATTORNEY Appearance for Plaintiff Chubby Gorilla, Inc. by James Edward Judge

ATTORNEY Appearance for Plaintiff Chubby Gorilla, Inc. by Zareefa Burki Flener

SEALED DOCUMENT by Plaintiff Chubby Gorilla, Inc. Unredacted Complaint

Schedule A

Ex.1

Ex.2

Ex.3

Ex.4

Ex.5

Ex.8

Ex.9

Ex.10

(Ex.11)

CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Daniel P. McLaughlin. Case assignment: Random assignment. (Civil Category 1).

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.

CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Daniel P. McLaughlin. Case assignment: Random assignment. (Civil Category 1).

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.

NEW PARTIES: Henan Huaxin Import & Export Trade Co., Ltd., Guangzhou Huangjia Package Production Co., Ltd. and Yuyao Yapoly Plastic Industry Co., Ltd. added to case caption.

MAILED patent report to Patent Trademark Office, Alexandria VA

MINUTE entry before the Honorable Sharon Johnson Coleman: This case has been assigned to the calendar of Judge Sharon Johnson Coleman. Plaintiff is put on notice that it may be required to file a memorandum discussing the propriety of joinder under Federal Rule of Civil Procedure 20(a)(2) if it appears that defendants are too numerous or unconnected. In addition, should default judgment enter against defendant(s), Plaintiff should be prepared to prove up damages by affidavit or hearing. 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 12/27/2024: Mailed notice.

MINUTE entry before the Honorable Sharon Johnson Coleman: Plaintiff's motion for leave to file documents under seal 3 is stricken for failure to comply with LR 5.3 and this Court's standing orders, which require all motions to be noticed up for presentment before this Court. Mailed notice.

ATTORNEY Appearance for Plaintiff Chubby Gorilla, Inc. by Marko Romeo Zoretic

MINUTE entry before the Honorable Sara L. Ellis: Case reassigned to the Honorable Sara L. Ellis for all further proceedings in accordance with the provisions of Local Rule 40.4.Mailed notice

(Request for Reassignment)

ATTORNEY Appearance for Plaintiff Chubby Gorilla, Inc. by Ying Chen

MOTION by Plaintiff Chubby Gorilla, Inc. for leave to file excess pages

SEALED MOTION by Plaintiff Chubby Gorilla, Inc. for Entry of a Temporary Restraining Order, including a temporary injunction, a temporary asset restraint, expedited discovery, and alternative service

Declaration of Marko R. Zoretic

Brief in Support of Motion

Declaration of Eyad Aboabdo

Ex.1 to Aboabdo Declaration

Ex.2 to Aboabdo Declaration

Ex.3 to Aboabdo Declaration

Ex.4 to Aboabdo Declaration

Ex.5 to Aboabdo Declaration

Ex.6 to Aboabdo Declaration

Ex.7 to Aboabdo Declaration

Ex.8 to Aboabdo Declaration

Ex.9 to Aboabdo Declaration

Ex.10 to Aboabdo Declaration

Ex.11 to Aboabdo Declaration

Ex.12 to Aboabdo Declaration

Ex.13 to Aboabdo Declaration

Ex.14 to Aboabdo Declaration

Ex.15 Pt.1 to Aboabdo Declaration

Ex.15 Pt.2 to Aboabdo Declaration

Ex.16 Pt.1 to Aboabdo Declaration

Ex.16 Pt.2 to Aboabdo Declaration

Ex.16 Pt.3 to Aboabdo Declaration

Ex.16 Pt.4 to Aboabdo Declaration

Ex.17 to Aboabdo Declaration

(Ex.18 to Aboabdo Declaration)

NOTICE of Motion by James Edward Judge for presentment of Sealed motion, 15, motion for leave to file excess pages 14 before Honorable Sara L. Ellis on 1/16/2025 at 01:45 PM.

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motions for leave to file excess pages 14 and for entry of a temporary restraining order 15. The Court sets a status date for 2/4/2025 at 9:45 AM. Plaintiff should file any motion for preliminary injunction and notice it for presentment at the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Sara L. Ellis on 1/16/2025.

ORDER: Having reviewed the documents filed by Plaintiff under seal and finding no basis to seal certain documents, the Court orders the Clerk to unseal Docket Nos. 6, [6- 3 to 6-6], 15, [15-2], [15-4 to 15-24]. Signed by the Honorable Sara L. Ellis on 1/16/2025: Mailed notice

cash BOND in the amount of $ 10000 Rcpt. No: 100015561 posted by Chubby Gorilla, Inc.

MOTION by Plaintiff Chubby Gorilla, Inc. for Extension of Temporary Restraining Order

NOTICE of Motion by James Edward Judge for presentment of motion for miscellaneous relief 21 before Honorable Sara L. Ellis on 2/4/2025 at 09:45 AM.

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for extension of the temporary restraining order 21. The Court extends the temporary restraining order through 2/13/2025. Should Plaintiff need a further extension beyond that date, it should file a motion. The Court strikes the status date set for 2/4/2025 and resets it to 2/13/2025 at 1:45 PM. Plaintiff should file any motion for preliminary injunction and notice the motion for presentment at the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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. Emailed notice

SUMMONS Submitted (Court Participant) for defendant(s) Henan Huaxin Import & Export Trade Co., Ltd. and all other Defendants identified in the Complaint by Plaintiff Chubby Gorilla, Inc.

SUMMONS Issued (Court Participant) as to Defendant The Partnerships and Unincorporated Associations Identified in Schedule A

MOTION by Plaintiff Chubby Gorilla, Inc. for preliminary injunction

Schedule A

MEMORANDUM by Chubby Gorilla, Inc. in support of motion for preliminary injunction[26]

NOTICE of Motion by James Edward Judge for presentment of motion for preliminary injunction[26] before Honorable Sara L. Ellis on 2/13/2025 at 01:45 PM.

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for preliminary injunction [26]. The Court strikes the status date set for 2/13/2025 and resets it to 3/13/2025 at 1:45 PM. Plaintiff should file any motion for default and for default judgment and notice the motion for presentment at the next status date. Mailed notice.

PRELIMINARY Injunction Order. Signed by the Honorable Sara L. Ellis on 2/14/2025. Mailed notice.

ATTORNEY Appearance for Plaintiff Chubby Gorilla, Inc. by Brian P O'Donnell (O'Donnell, Brian)

MOTION by Attorney Marko R. Zoretic to withdraw as attorney for Chubby Gorilla, Inc. No party information provided

NOTICE of Motion by Marko Romeo Zoretic for presentment of motion to withdraw as attorney 32 before Honorable Sara L. Ellis on 3/11/2025 at 09:45 AM.

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion to withdraw the appearance of counsel [32] and withdraws the appearance of Knobbe Martens LLP and Marko R. Zoretic as counsel for Plaintiff. Mailed notice.

MINUTE entry before the Honorable Sara L. Ellis: Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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. Emailed notice

MOTION by Plaintiff Chubby Gorilla, Inc. for default judgment as to All Remaining Defendants

(Schedule A)

MEMORANDUM by Chubby Gorilla, Inc. in support of motion for default judgment 36

MINUTE entry before the Honorable Sara L. Ellis: Telephone conference hearing held. As stated on the record, plaintiff's motion for entry of default and default judgment [36] is continued to 3/20/2025 at 1:45 p.m. in order for plaintiff to file a proper notice of presentment. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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

NOTICE of Motion by James Edward Judge for presentment of motion for default judgment[36] before Honorable Sara L. Ellis on 3/20/2025 at 01:45 PM.

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for default and for default judgment [36]. The Court enters judgment in favor of Plaintiff and against Defendants identified in amended Schedule A. Case terminated. Emailed notice

MAILED patent report with a copy of minute entry 40 to Patent Trademark Office, Alexandria VA

FINAL JUDGMENT ORDER. Signed by the Honorable Sara L. Ellis on 4/2/2025:Emailed notice

MOTION by Plaintiff Chubby Gorilla, Inc. to amend/correct Default Judgment, terminated case 42

Ex. 1

(Proposed Amended Final Judgment Order)

NOTICE of Motion by James Edward Judge for presentment of motion to amend/correct 43 before Honorable Sara L. Ellis on 4/15/2025 at 09:30 AM.

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion to amend the final judgment order 43. [Enter Amended Final Judgment Order]. No appearance required on 4/15/2025. Emailed notice

AMENDED FINAL JUDGMENT ORDER. Signed by the Honorable Sara L. Ellis on 4/14/2025:Emailed notice