2025-cv-01456

COMPLAINT filed by Maya Spielman; Filing fee $ 405, receipt number AILNDC-23072819.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Maya Spielman Schedule A to Complaint 1

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Maya Spielman by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Maya Spielman by Adam Grodman

ATTORNEY Appearance for Plaintiff Maya Spielman by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff Maya Spielman by Christopher Romero

ATTORNEY Appearance for Plaintiff Maya Spielman by Monica Rita Martin

ATTORNEY Appearance for Plaintiff Maya Spielman by Yanling Jiang

ATTORNEY Appearance for Plaintiff Maya Spielman by Yi Bu

CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Daniel P. McLaughlin. 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.

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's ex parte motion for leave to conduct expedited discovery and electronic service of process is granted as to Defendant No. 1 in [Amended] Schedule A 12. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendant. Expedited discovery is warranted to identify the individuals or business entities who own and/or operate the e-commerce store under the seller alias, the nature of their operations, all associated sales, and the financial accounts used for their operations. By 3/27/2025, Plaintiff shall file a status report with an update on the case. Telephone status hearing is set for 4/3/2025 at 9:15 a.m. Mailed notice

ORDER FOR LEAVE TO CONDUCT EXPEDITED DISCOVERY AND SERVICE OF PROCESS BY E-MAIL AND/OR ELECTRONIC PUBLICATION Signed by the Honorable Sunil R. Harjani on 2/13/2025. Mailed notice

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

SUMMONS Returned Executed by Maya Spielman as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/21/2025, answer due 3/14/2025.

(Declaration of Service)

MINUTE entry before the Honorable Sunil R. Harjani: Defendant's response to the complaint is due by 3/14/2025. Plaintiff should file any motion for entry of default and default judgment by 3/27/2025. If default and default judgment are not being sought, Plaintiff is ordered to file a status report advising whether the parties anticipate a settlement or further litigation. Otherwise, plaintiff need not file the status report due 3/27/2025 as directed by the Court's order dated 2/13/2025. Status hearing set for 4/3/2025 at 9:15 a.m. stands. Mailed notice

MOTION by Plaintiff Maya Spielman for default judgment as to the Defendant Identified in [Amended] Schedule A

MEMORANDUM by Maya Spielman in support of motion for default judgment 20

Exhibit 1

Exhibit 2

Declaration of Keith A. Vogt

(Declaration of Maya Spielman)

MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 20 for entry of default and default judgment against the Defendant identified in [Amended] Schedule A. Defendant has failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objection to the motion for entry of default judgment must be filed on or before 3/25/2025. If no objection is filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 3/25/2025. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. Plaintiff must serve this minute order upon Defendant within one business day of its entry on the docket and must promptly file proof of that service. The telephone status hearing set for 4/3/2025 at 9:15 a.m. is converted to a tentative default judgment hearing. Mailed notice.

CERTIFICATE of Service by Plaintiff Maya Spielman regarding set deadlines, set motion and R&R deadlines/hearings, 22

MINUTE entry before the Honorable Sunil R. Harjani: Defendant No. 1 in [Amended] Schedule A has not responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 20 is granted. Based on the evidence previously submitted by plaintiff and the admission of liability by virtue of the default, plaintiff has established that a permanent injunction should be entered. The infringement of plaintiff's copyright irreparably harms plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendant (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $50,000 is an appropriate award of statutory damages. Plaintiff has also certified and established 23 that it provided electronic notice to defendant of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 4/3/2025 is stricken. Enter separate Final Default Judgment Order. Civil case terminated. Mailed notice.

FINAL DEFAULT JUDGMENT ORDER. Signed by the Honorable Sunil R. Harjani on 3/26/2025. Mailed notice.