2025-cv-03319

COMPLAINT filed by SHENZHEN HUACHUANG SHANGPIN TECHNOLOGY CO., LTD; Jury Demand. Filing fee $ 405, receipt number AILNDC-23270594.

Verified Complaint AMENDED complaint by SHENZHEN HUACHUANG SHANGPIN TECHNOLOGY CO., LTD against THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, and UNINCORPORATED ASSOCIATES IDENTIFIED ON SCHEDULE A

Appendix

Exhibit

Exhibit

(Exhibit)

MOTION by Plaintiff SHENZHEN HUACHUANG SHANGPIN TECHNOLOGY CO., LTD for temporary restraining order

MEMORANDUM by SHENZHEN HUACHUANG SHANGPIN TECHNOLOGY CO., LTD in support of motion for temporary restraining order 3

(Declaration)

MOTION by Plaintiff SHENZHEN HUACHUANG SHANGPIN TECHNOLOGY CO., LTD for temporary restraining order Motion For Alternative Service

MOTION by Plaintiff SHENZHEN HUACHUANG SHANGPIN TECHNOLOGY CO., LTD to seal document MOTION by Plaintiff SHENZHEN HUACHUANG SHANGPIN TECHNOLOGY CO., LTD for temporary restraining order Motion For Alternative Service 5, amended complaint, 2, memorandum in support of motion 4, MOTION by Plaintiff SHENZHEN HUACHUANG SHANGPIN TECHNOLOGY CO., LTD for temporary restraining order 3

Civil Cover Sheet by SHENZHEN HUACHUANG SHANGPIN TECHNOLOGY CO., LTD

CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable M. David Weisman. 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.

MAILED patent report to Patent Trademark Office, Alexandria VA

MOTION by Plaintiff Shenzhen Huachuang Shangpin Technology Co., Ltd. to seal document MOTION by Plaintiff SHENZHEN HUACHUANG SHANGPIN TECHNOLOGY CO., LTD for temporary restraining order Motion For Alternative Service 5, amended complaint, 2, memorandum in support of motion 4, MOTION by Plaintiff SHENZHEN HUACHUANG SHANGPIN TECHNOLOGY CO., LTD for temporary restraining order 3, MOTION by Plaintiff SHENZHEN HUACHUANG SHANGPIN TECHNOLOGY CO., LTD to seal document MOTION by Plaintiff SHENZHEN HUACHUANG SHANGPIN TECHNOLOGY CO., LTD for temporary restraining order Motion For Alternative Service 5, amended compl 6

MOTION by Attorney Qi Men to withdraw as attorney for Shenzhen Huachuang Shangpin Technology Co., Ltd. No party information provided

ATTORNEY Appearance for Plaintiff Shenzhen Huachuang Shangpin Technology Co., Ltd. by Alexander Warden

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for a TRO (Dckt. No. 3) is hereby granted in part and denied in part. Temporary Restraining Order to follow. Plaintiff's motion for alternative service (Dckt. No. 5) is hereby granted in part and denied in part. Plaintiff's motions for leave to file under seal (Dckt. Nos. 6, 9) are hereby denied for the reasons stated by the Court in Zorro Productions, Inc. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A (23-cv-5761). The motion to withdraw as counsel (Dckt. No. 10) is granted. Mailed notice

ORDER Signed by the Honorable Steven C. Seeger on 4/16/2025. Mailed notice.

MINUTE entry before the Honorable Steven C. Seeger: On April 16, 2025, the Court granted Plaintiff's motion for expedited third-party discovery and electronic service of process (Dckt. No. 13). The Court permitted third parties 14 days to respond to discovery requests. Plaintiff had an obligation to serve those requests in a timely manner. Plaintiff must file a status report by May 9, 2025. Plaintiff must serve process by May 16, 2025. The Court expects Plaintiff to keep this case moving along. The Court directs the parties to engage in meaningful, good faith settlement discussions at the earliest opportunity. A failure to comply will lead to appropriate relief, including dismissal. Mailed notice

STATUS Report by Shenzhen Huachuang Shangpin Technology Co., Ltd.

MOTION by Plaintiff Shenzhen Huachuang Shangpin Technology Co., Ltd.Motion to Extend TRO

Supplement

(Declaration)

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion to extend the TRO (Dckt. No. 16) is hereby denied. In its TRO dated April 16, 2025, the Court granted Plaintiff's motion for expedited third-party discovery. (Dckt. No. 14). The Court ordered that third parties must provide responses within 14 days. This Court issued that order almost a month ago. If Plaintiff had served discovery on the third parties in a timely manner, those responses would have been due on approximately May 1, 2025, almost two weeks ago. Yet in its status report dated May 9, 2025 (Dckt. No. 15), Plaintiff noted that it is still awaiting contact information from the third parties. The reason left something to be desired. Plaintiff explained that it did not serve discovery requests on the third parties until May 8, 2025 and May 9, 2025. The Court is unsure why Plaintiff served those discovery requests at such a late date. The Court's May 2, 2025 minute order gave Plaintiff the benefit of the doubt (that they hadn't yet served third-party discovery requests). So on May 2, 2025, the Court set a May 16, 2025 deadline for Plaintiff to serve Defendants in case third parties took the full 14 days that the Court's order permitted them to respond. But even then, Plaintiff still did not serve the discovery requests for another week, meaning on May 8 and 9. In sum, it has been almost a month since the Court issued its TRO, and Plaintiff has not yet served Defendants. That course of events belies that Plaintiff's injury absent a TRO would be as "immediate and irreparable," as Plaintiff states. (Dckt. No. 4). Plaintiff has barely gotten the ball rolling. So, the Court does not see good cause to extend the TRO. See Fed. R. Civ. P. 65(b)(2). And Plaintiff's memorandum of law in support of the TRO extension is largely boilerplate (Dckt. No. [16-1]). Plaintiff's motion to extend the TRO (Dckt. No. 16) is denied. The Court reaffirms the May 16, 2025 deadline to serve Defendants. (Dckt. No. 14). Plaintiff must file an affidavit of service of process, or a status report, or a notice of voluntary dismissal by May 19, 2025. If Defendants miss the deadline to respond to the complaint, then Plaintiff must file a motion for default and default judgment within two business days. A response to that motion is due two weeks later. A failure to comply will lead to appropriate relief, including dismissal and the entry of judgment. The Court directs Plaintiff to serve a copy of this order and file a certificate of service. Mailed notice

STATUS Report by Shenzhen Huachuang Shangpin Technology Co., Ltd.

SUMMONS Submitted (Court Participant) for defendant(s) by Plaintiff Shenzhen Huachuang Shangpin Technology Co., Ltd.

SUMMONS Issued (Court Participant) as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A

SUMMONS Returned Executed by Shenzhen Huachuang Shangpin Technology Co., Ltd. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A on 5/19/2025, answer due 6/9/2025.

MINUTE entry before the Honorable Steven C. Seeger: The Court previously set a deadline of May 16, 2025 for Plaintiffs to serve Defendants. (Dckt. No. 17). In its status report dated May 19, 2025 (Dckt. No. 18), Plaintiff stated that it "effectuated service on the SHEIN Defendants" on May 16, 2025. But the Court is unsure how Plaintiffs could have done that, because Plaintiff did not even submit a summons to the Clerk of Court until May 19, 2025. (Dckt. No. 19) Service of process requires that Plaintiff serve the summons in addition to the complaint. See Fed. R. Civ. P. 4(c)(1). And, by the look of things, Plaintiff did not serve the summons until May 20, 2025. In any case, Defendants have now been served. (Dckt. No. 21). Taking a step back, Plaintiff filed this case almost 2 months ago. Going forward, the Court expects Plaintiff to press this case forward in an expedited fashion. If Defendants do not file an answer by the deadline to answer (June 9, 2025), then Plaintiff must file a motion for entry of default and default judgment the next business day. A response is due two weeks later. The Court directs the parties to engage in good faith, energetic settlement discussions. A failure to respond will lead to appropriate relief, including granting the motion and entering final judgment. The Court directs Plaintiff to serve a copy of this order and file a certificate of service. Mailed notice

DECLARATION of Alexander Warden

MINUTE entry before the Honorable Steven C. Seeger: The Court reminds counsel that, if Defendants miss the deadline to respond to the complaint, then a motion for default judgment is due by June, and a response is due two weeks later. Plaintiff must serve a copy of this order and file a certificate of service. A failure to comply will lead to appropriate relief, including possible dismissal or the entry of judgment. Mailed notice

MOTION by Plaintiff Shenzhen Huachuang Shangpin Technology Co., Ltd. for default judgment as to

Supplement Memorandum of Law

(Appendix A)

MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed Plaintiff's motion for default and default judgment (Dckt. No. 25). The answer deadline of June 9, 2025 (Dckt. No. 21) has come and gone, and Defendants did not respond to the complaint. The Court hereby enters default against all remaining Defendants under Rule 55(a). As a reminder, any response to Plaintiff's motion for default judgment is due by June 24, 2025 (Dckt. No. 24). A failure to comply will lead to appropriate relief, including possible entry of judgment. The Court reminds Plaintiff of the need to submit a Word version of a proposed judgment to the proposed order inbox, Proposed_Order_Seeger@ ilnd.uscourts.gov. Plaintiff must serve a copy of this order on Defendants and file a certificate of service. Emailed notice

MOTION by Plaintiff Shenzhen Huachuang Shangpin Technology Co., Ltd. for settlement DG haokewujin

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's counsel filed a notice of voluntary dismissal for one defendant (that's fine), but called it a motion on CM/ECF (that's not). (Dckt. No. 27) A notice of dismissal is not a motion, because a notice of dismissal does not require the Court to do anything. That's the whole point. Going forward, counsel must keep that distinction in mind, and avoid calling filings motions when they aren't motions. In any event, Defendant DG Haokewujin is dismissed. Emailed notice

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for the entry of default and default judgment (Dckt. No. 25) against all remaining Defendants on the Schedule A is hereby granted. Any answer to the complaint from Defendants was due by June 9, 2025. That date has come and gone. On June 17, 2025, the Court entered default against all remaining Defendants under Rule 55(a) (Dckt. No. 26). The Court also previously set a deadline of June 24, 2025 (Dckt. Nos. 24, 26) for any Defendant to respond to the motion for default and default judgment. No Defendant responded to that motion, and that date has now passed. Plaintiff dismissed its case against one Defendant, DG haokewujin, on June 17, 2025 (Dckt. No. 27). The motion for default judgment against the remaining Defendants (Dckt. No. 25) is hereby granted. The Court hereby enters default judgment under Rule 55(b) against all Defendants on the Schedule A, except for Defendant DG haokewujin, who is no longer part of this case. Final Judgment Order and Permanent Injunction Order to follow. The case is closed. Civil case terminated. Mailed notice

FINAL JUDGMENT ORDER Signed by the Honorable Steven C. Seeger on 6/26/2025. Mailed notice.

PERMANENT INJUNCTION ORDER Signed by the Honorable Steven C. Seeger on 6/26/2025. Mailed notice.

MOTION by Plaintiff Shenzhen Huachuang Shangpin Technology Co., Ltd. to enforce judgment Plaintiff's emergency motion for turnover order and temporary restraint

Appendix A

(Exhibit A)

Citation to discover assets by Shenzhen Huachuang Shangpin Technology Co., Ltd. Citation to discover assets

CERTIFICATE of Service by Plaintiff Shenzhen Huachuang Shangpin Technology Co., Ltd. certificate of service to TEMU

NOTICE of Motion by Alexander Warden for presentment of motion to enforce judgment 32 before Honorable Steven C. Seeger on 7/22/2025 at 09:15 AM.

NOTICE by Shenzhen Huachuang Shangpin Technology Co., Ltd. NOTICE OF FILING REVISED PROPOSED ORDER

(Exhibit A)

MINUTE entry before the Honorable Steven C. Seeger: The motion hearing set for July 22, 2025 is stricken. Mailed notice.