2025-cv-03349

COMPLAINT filed by Bestway Inflatables & Material Corp.; Jury Demand. Filing fee $ 405, receipt number AILNDC-23273229.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by John Wilson

MOTION by Plaintiff Bestway Inflatables & Material Corp. to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bestway Inflatables & Material Corp.

Notice of Claims Involving Trademarks by Bestway Inflatables & Material Corp.

CASE ASSIGNED to the Honorable Jorge L. Alonso. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 2).

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 Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MOTION by Plaintiff Bestway Inflatables & Material Corp. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Bestway Inflatables & Material Corp. for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MEMORANDUM by Bestway Inflatables & Material Corp. in support of motion for temporary restraining order, 14

Declaration Li Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

Exhibit Hierl Exhibit 3

(Exhibit Hierl Exhibit 4)

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 1 of Li Declaration

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 2 of Li Declaration

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 3 of Li Declaration

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 4 of Li Declaration

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing set for 6/4/25 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 650-479-3207 and the access code is 1804010308. 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, 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.Notice mailed by Judge's staff

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing held. Plaintiff's Motion for leave to file under seal 7 is granted. Plaintiff's Motion to exceed page limitation 13 is granted. Plaintiff's Ex Parte Motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 14 is granted. Telephonic status hearing set for 6/18/25 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 650-479-3207 and the access code is 1804010308. 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, 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. Notice mailed by Judge's staff

SEALED TEMPORARY Restraining Order. Signed by the Honorable Jorge L. Alonso on 6/4/2025. Notice mailed by Judge's staff

SURETY BOND in the amount of $50,000.00 posted by Bestway Inflatables & Material Corp. (Document not scanned). (jn,)

MOTION by Plaintiff Bestway Inflatables & Material Corp. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

NOTICE of Motion by Michael A. Hierl for presentment of extension of time 24 before Honorable Jorge L. Alonso on 6/17/2025 at 09:30 AM.

ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by Elizabeth Aubree Miller

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing set for 6/17/25 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 650-479-3207 and the access code is 1804010308. 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, 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. Notice mailed by Judge's staff

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing held. Plaintiff's Ex-Parte Motion to extend the temporary restraining order 24 is granted. The temporary restraining order is extended to 7/2/25. Telephonic status hearing previously set for 6/18/25 is stricken and reset to 7/2/25 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 650-479-3207 and the access code is 1804010308. 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, 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. Notice mailed by Judge's staff

ATTORNEY Appearance for Defendants Worgeous, Zonhebin by Adam Edward Urbanczyk

ATTORNEY Appearance for Defendant Clean Center by Weilian Song

MOTION by Defendants Worgeous, Zonhebin to unseal document sealed document 19, sealed document 16, sealed document 17, sealed document 18

NOTICE of Motion by Adam Edward Urbanczyk for presentment of motion to unseal document 31 before Honorable Jorge L. Alonso on 6/26/2025 at 09:30 AM.

SUMMONS Submitted (Court Participant) for defendant(s) HA Leslie Store and all other Defendants identified in the Complaint by Plaintiff Bestway Inflatables & Material Corp.

MINUTE entry before the Honorable Jorge L. Alonso: Motion hearing 32 previously set for 6/26/25 is stricken and reset to telephonic motion hearing on 7/2/25 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 650-479-3207 and the access code is 1804010308. 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, 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. Notice mailed by Judge's staff

SUMMONS Issued (Court Participant) as to Defendant HA Leslie Store and all other Defendants identified in the Complaint

MOTION by Plaintiff Bestway Inflatables & Material Corp. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Bestway Inflatables & Material Corp. in support of motion for preliminary injunction 36

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 36

NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 36 before Honorable Jorge L. Alonso on 7/2/2025 at 09:30 AM.

SUMMONS Returned Executed by Bestway Inflatables & Material Corp. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 6/26/2025, answer due 7/17/2025.

CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of Bestway Inflatables & Material Corp.

RESPONSE by Worgeous, Zonhebin, Qiushaoyuein Opposition to MOTION by Plaintiff Bestway Inflatables & Material Corp. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction 36

(Declaration of Liao Qinghua)

MOTION by Defendants Qiushaoyue, Worgeous, Zonhebin for leave to file excess pages re: [Dkt. 42]

RESPONSE by Clean Centerin Opposition to MOTION by Plaintiff Bestway Inflatables & Material Corp. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction 36 (Notice of Partial Joinder in [Dkt. 42])

(Exhibit Exhibit A)

ATTORNEY Appearance for Defendant Qiushaoyue by Adam Edward Urbanczyk

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status hearing held and continued to 8/13/25 at 9:30 a.m. Telephonic motion hearing held. Defendants' Motion to unseal certain documents 31 is granted. The Clerk's office is directed to unseal Docket Nos. 1, 8, 16 - 19 and 22. Defendants' Unopposed Motion for leave to file excess pages 43 is granted. Plaintiff's reply in support of its Motion for entry of a preliminary injunction 36 shall be filed by 7/16/25. Plaintiff's Motion for entry of a preliminary injunction 36 is granted as to the non appearing Defendants. Enter Preliminary injunction order. The temporary restraining order is extended as to the appearing Defendants Qiushaoyue, Worgeous, Zonhebin and Clean Center until ruling on the Preliminary injunction. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 650-479-3207 and the access code is 1804010308. 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, 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. Notice mailed by Judge's staff

PRELIMINARY Injunction Order. Signed by the Honorable Jorge L. Alonso on 7/2/2025. Notice mailed by Judge's staff

MOTION by Plaintiff Bestway Inflatables & Material Corp. to expedite Plaintiff's Motion for Expedited Discovery to Walmart

Notice of Settlement by Bestway Inflatables & Material Corp.

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MOTION by Plaintiff Bestway Inflatables & Material Corp. for extension of time Plaintiff's Opposed Motion for a First Extension of Time to File a Reply in Support of its Motion for Entry of a Preliminary Injunction [Dkt. Nos. 36, 37]

MINUTE entry before the Honorable Jorge L. Alonso: Plaintiff's Opposed Motion for a first extension of a time to file a reply in support of its motion for entry of a preliminary injunction [dkt nos. 36, 37] 51 is granted. Notice mailed by Judge's staff

MOTION by Plaintiff Bestway Inflatables & Material Corp. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

REPLY by Plaintiff Bestway Inflatables & Material Corp. Plaintiff's Reply in Support of Entry of a Preliminary Injunction Against Defendants [Dkt. No. 36]

Exhibit A

Exhibit B

(Exhibit C)

MOTION by Plaintiff Bestway Inflatables & Material Corp. to stay Plaintiff's Motion to Stay Ruling on Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendants Until Completion of Discovery

MOTION by Defendants Qiushaoyue, Worgeous, Zonhebin for extension of time

NOTICE of Motion by Adam Edward Urbanczyk for presentment of extension of time 56 before Honorable Jorge L. Alonso on 7/23/2025 at 09:30 AM.

MINUTE entry before the Honorable Jorge L. Alonso: Plaintiff's motion for expedited discovery to Walmart 48 is granted. Plaintiff's motion for excess pages 53 is granted. Plaintiff's motion to stay ruling on the motion for preliminary injunction 55 is granted to allow time for Walmart to respond to Plaintiff's discovery request as to Defendants No. 11 ("Qiushaoyue"), No. 19 ("Worgeous"), and No. 22 ("Zonhebin"). Plaintiff shall report on the status of discovery at the previously set 8/13/25 status hearing, when the Court will assess whether to continue the stay or proceed to a ruling on the motion for preliminary injunction as to the appearing defendants. The appearing defendants' motion for extension of time 56 is granted. Plaintiff is admonished to notice all motions for a date certain. The parties are reminded to confer as to whether their motions are opposed before filing. Motion hearing noticed for 7/23/25 is stricken. Notice mailed by Judge's staff

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 25 "Clean Center"

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Zonhebin, Worgeous, Qiushaoyue, MOTION by Defendants Zonhebin, Worgeous, Qiushaoyue to dismiss for lack of jurisdiction

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

NOTICE of Motion by Adam Edward Urbanczyk for presentment of Motion to Dismiss for Failure to State a Claim, motion to dismiss/lack of jurisdiction, 61 before Honorable Jorge L. Alonso on 8/13/2025 at 09:30 AM.

CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of Bestway Inflatables & Material Corp.

MOTION by Plaintiff Bestway Inflatables & Material Corp. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A

(Exhibit A)

MEMORANDUM by Bestway Inflatables & Material Corp. in support of motion for default judgment, 64

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 64

(Exhibit Hierl Exhibit 1)

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment, 64 before Honorable Jorge L. Alonso on 8/7/2025 at 09:30 AM.

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment, 64 before Honorable Jorge L. Alonso on 8/13/2025 at 09:30 AM.

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status hearing held. Telephonic motion hearing held. Plaintiff's response to Defendants' Motion to dismiss under rules 12(b)(2) and 12(b)(6) 61 shall be filed by 9/10/25; Defendants' reply shall be filed by 9/24/25. If no response is filed, Plaintiff is directed to file a status report or a dismissal. Plaintiff's Motion for entry of default and default judgment against the Defendants identified in amended schedule A 64 is granted. Enter Default Judgment Order. Notice mailed by Judge's staff

DEFAULT Judgment Order. Signed by the Honorable Jorge L. Alonso on 8/13/2025. Notice mailed by Judge's staff

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

STATUS Report by Bestway Inflatables & Material Corp.

MINUTE entry before the Honorable Jorge L. Alonso: The Court has reviewed the status report where the parties report they have reached a settlement in principle. Defendants' Motion to dismiss under rules 12(b)(2) and 12(b)(6) 61 is denied as moot. Telephonic status hearing set for 9/30/25 at 9:30 a.m. If a stipulation to dismiss is filed in advance of that date, no one needs to appear on 9/30/25. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 650-479-3207 and the access code is 1804010308. 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, 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. Notice mailed by Judge's staff

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MINUTE entry before the Honorable Jorge L. Alonso: A notice of voluntary dismissal has been filed for the remaining Defendants. This case is dismissed without prejudice as to the remaining Defendants. Status hearing previously set for 9/30/25 is stricken. Civil case terminated. Notice mailed by Judge's staff

MAILED trademark report with certified copy of minute order dated 09/24/25 to Patent Trademark Office, Alexandria VA