ADIDAS AG et al v. The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-18731530, filed by ADIDAS AG, ADIDAS AMERICA, INC, ADIDAS INTERNATIONAL MARKETING B.V.

Civil Cover Sheet

Exhibit 1 to Complaint - Certificates of Registration for the adidas Trademarks

Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Marty Fulgueira Elfenbein is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent.

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK.

Complaint with Exhibits

PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 8/26/2025. (ss01)

PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN. PURSUANT to 28 U.S.C. § 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 8/26/2025. (ss01)

ORDER OF RECUSAL. Magistrate Judge Marty Fulgueira Elfenbein recused. Case reassigned to Magistrate Judge Ellen F. D'Angelo for all further proceedings. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 8/27/2025. See attached document for full details.

OMNIBUS ORDER REGARDING SCHEDULE "A" CAUSES OF ACTION. Signed by Judge K. Michael Moore on 8/27/2025. See attached document for full details. (ss01)

ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Ellen F. D'Angelo on 8/27/2025. See attached document for full details.

Plaintiff's Corporate Disclosure Statement by ADIDAS AG, ADIDAS AMERICA, INC, ADIDAS INTERNATIONAL MARKETING B.V. identifying Corporate Parent adidas North America, Inc. for ADIDAS AMERICA, INC

Plaintiff's RESPONSE to [7] Order to Show Cause by ADIDAS AG, ADIDAS AMERICA, INC, ADIDAS INTERNATIONAL MARKETING B.V.

Plaintiff's MOTION to Seal per Local Rule 5.4 by ADIDAS AG, ADIDAS AMERICA, INC, ADIDAS INTERNATIONAL MARKETING B.V.

Text of Proposed Order

Plaintiff's MOTION for Extension of Time for Parties to Conduct Rule 26(f) Conference re [4] Pretrial Order, by ADIDAS AG, ADIDAS AMERICA, INC, ADIDAS INTERNATIONAL MARKETING B.V. Responses due by 10/30/2025.

Declaration of Virgilio Gigante in Support Thereof

Text of Proposed Order

PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion for Order Extending Deadline for Parties to Conduct Rule 26(f) Conference. 14. Therein, Plaintiffs request an extension of thirty (30) days to conduct the Parties' Rule 26(f) Conference to allow time for Plaintiffs to effectuate service and confer with Defendants after the Court rules on the pending ex parte motions. Id. at 2. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion 14 is GRANTED. The deadline for the Rule 26(f) Conference is extended up to and including November 23, 2025. Signed by Judge K. Michael Moore on 10/17/2025. (ss01)

Plaintiff's NOTICE of Inability to Comply by ADIDAS AG, ADIDAS AMERICA, INC, ADIDAS INTERNATIONAL MARKETING B.V. re [4] Pretrial Order

Notice of Ninety Days Expiring Regarding Docket Entries 12 and 13 by ADIDAS AG, ADIDAS AMERICA, INC, ADIDAS INTERNATIONAL MARKETING B.V.

Notice of Ninety Days Expiring Second Notice Regarding Docket Entries 12 and 13 by ADIDAS AG, ADIDAS AMERICA, INC, ADIDAS INTERNATIONAL MARKETING B.V.

ORDER GRANTING [11] Motion to File Under Seal. Signed by Judge K. Michael Moore on 3/5/2026. See attached document for full details. (ss02)

Order (Text entry; no document attached.)

Plaintiff's MOTION to Unseal Document by ADIDAS AG, ADIDAS AMERICA, INC, ADIDAS INTERNATIONAL MARKETING B.V. Responses due by 3/25/2026.

Text of Proposed Order

NOTICE of Filing Proposed Summons(es) by ADIDAS AG, ADIDAS AMERICA, INC, ADIDAS INTERNATIONAL MARKETING B.V.

Summon(s)

Summons Issued as to The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A.

PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion to Unseal. 26. Therein, Plaintiffs request that the Court enter an order "unsealing all documents filed with the Court that have been restricted from the Court docket and direct the Clerk to return those portions of the Court file to the public records." Id. at 2. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion 26 is GRANTED. The Clerk of Court is INSTRUCTED to UNSEAL all docket entries in this case. Signed by Judge K. Michael Moore on 3/12/2026. (ss02)

Order on Motion to Unseal Document (Text entry; no document attached.)

CLERK'S NOTICE of Compliance (All Docket Entries in this Case have been Unsealed) re 29 Order on Motion to Unseal Document

AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants, filed by ADIDAS AG, ADIDAS AMERICA, INC, ADIDAS INTERNATIONAL MARKETING B.V.

Exhibit 1 to Amended Complaint Certificates of Registration for the adidas Trad

Plaintiff's NOTICE upon Defendants via Electronic Mail by ADIDAS AG, ADIDAS AMERICA, INC, ADIDAS INTERNATIONAL MARKETING B.V. re [20] Order on Ex Parte Motion, [26] Plaintiff's MOTION to Unseal Document, [1] Complaint, [12] Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order and Order Restraining Transfer of Assets and Memorandum of Law In Support Thereof

Exhibit Certificate of Sevice

CERTIFICATE OF SERVICE by ADIDAS AG, ADIDAS AMERICA, INC, ADIDAS INTERNATIONAL MARKETING B.V. re [4] Pretrial Order, [10] Response/Reply (Other), [6] Order of Recusal, [14] Plaintiff's MOTION for Extension of Time for Parties to Conduct Rule 26(f) Conference re [4] Pretrial Order, [3] Form AO 120/121, [16] Notice (Other), [11] Plaintiff's MOTION to Seal per Local Rule 5.4, [20] Order on Ex Parte Motion, [19] Order on Motion to Seal, [27] Notice of Filing Proposed Summons(es), [2] Clerks Notice of Judge Assignment, [18] Notice of Ninety Days Expiring, [26] Plaintiff's MOTION to Unseal Document, [22] Bond, [9] Certificate of Other Affiliates/Corporate Disclosure Statement, [15] Order on Motion for Extension of Time, [1] Complaint, [8] Order, [5] Order Referring Case to Magistrate Judge, [23] Sealed Document, [25] Sealed Document, [7] Order to Show Cause, [13] Plaintiff's EX PARTE MOTION for Order Authorizing Alternate Service of Process on Defendants Pursuant to Federal Rule of Civil Procedure 4(f)(3) and Memorandum of Law In Support Thereof, [12] Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order and Order Restraining Transfer of Assets and Memorandum of Law In Support Thereof, [21] Sealed Document, [17] Notice of Ninety Days Expiring, [24] Sealed Document, upon Defendants via website posting

Plaintiff's MOTION for Preliminary Injunction and Memorandum of Law in Support Thereof by ADIDAS AG, ADIDAS AMERICA, INC, ADIDAS INTERNATIONAL MARKETING B.V. Responses due by 3/26/2026.

Text of Proposed Order Setting Hearing on Motion for Entry of Preliminary Injunc

PAPERLESS ORDER OF REFERRAL TO MAGISTRATE JUDGE. PURSUANT to 28 U.S.C. § 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to United States Magistrate Judge Ellen F. D'Angelo to take all necessary and proper action as required by law with respect to Plaintiffs' Motion for Entry of Preliminary Injunction. 34. Signed by Judge K. Michael Moore on 3/13/2026. (ss02)

SUMMONS (Affidavit) Returned Executed on [31] Amended Complaint/Amended Notice of Removal, [1] Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ADIDAS AMERICA, INC, ADIDAS INTERNATIONAL MARKETING B.V., ADIDAS AG. futbalfanatico.com served on 3/12/2026, response/answer due 4/2/2026; futbolfanaticss.com served on 3/12/2026, response/answer due 4/2/2026; mixedxculture.com served on 3/12/2026, response/answer due 4/2/2026; vintiquewear.com served on 3/12/2026, response/answer due 4/2/2026.

Affidavit of Service

Affidavit of Service

Plaintiff's MOTION to Extend Temporary Restraining Order re [20] Order on Ex Parte Motion, by ADIDAS AG, ADIDAS AMERICA, INC, ADIDAS INTERNATIONAL MARKETING B.V. Responses due by 3/31/2026.

Text of Proposed Order

PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion to Extend the Temporary Restraining Order Dated March 5, 2026. 37. The Court previously entered a Temporary Restraining Order ("TRO") that is set to expire on March 19, 2026. (ECF No. 20). Plaintiffs now request an extension of the TRO "to maintain the status quo until the Court rules on Plaintiffs' Motion for Preliminary Injunction" ("PI Motion") (ECF No. 34) as without the extension, "Defendants will be able to quickly modify e-commerce store content, change payment accounts, transfer assets, and secret the restrained funds, thereby potentially thwarting Plaintiffs' ability to maintain the meaningful relief already awarded by the Court." See (ECF No. 37) at 2-3. Federal Rule of Civil Procedure 65(b)(2) provides: "The [TRO] expires at the time after entry--not to exceed 14 days--that the court sets, unless before that time the court, for good cause, extends it for a like period or the adverse party consents to a longer extension." For the reasons provided in the Motion, the Court finds good cause to extend the TRO. However, as Defendants have not consented to the Motion, the Court shall only permit a fourteen-day extension of the TRO. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the TRO is hereby EXTENDED until the earlier of April 2, 2026, or the Court's ruling on Plaintiffs' PI Motion (ECF No. 34). Signed by Judge K. Michael Moore on 3/18/2026. (ss02)

ORDER SETTING HEARING: Any response or opposition to Plaintiffs' [34] Motion for Entry of Preliminary Injunction must be filed with the Court and served on Plaintiffs' counsel by April 1, 2026. Plaintiff shall file and serve any reply by April 3, 2026. Motion Hearing set for 4/6/2026 11:00 AM in Miami Division before Magistrate Judge Ellen F. D'Angelo. Signed by Magistrate Judge Ellen F. D'Angelo on 3/24/2026. See attached document for full details.

Second MOTION to Extend Temporary Restraining Order re [20] Order on Ex Parte Motion, by ADIDAS AG, ADIDAS AMERICA, INC, ADIDAS INTERNATIONAL MARKETING B.V. Responses due by 4/13/2026.

Text of Proposed Order

Plaintiff's NOTICE upon Defendants via Electronic Mail by ADIDAS AG, ADIDAS AMERICA, INC, ADIDAS INTERNATIONAL MARKETING B.V. re [39] Order Setting Hearing on Motion, Set/Reset Motion/R&R Deadlines and Hearings, [35] Order Referring Motion, [38] Order on Motion for Miscellaneous Relief

Exhibit Certificate of Sevice

CERTIFICATE OF SERVICE by ADIDAS AG, ADIDAS AMERICA, INC, ADIDAS INTERNATIONAL MARKETING B.V. re [39] Order Setting Hearing on Motion, Set/Reset Motion/R&R Deadlines and Hearings, upon Defendants via website posting

PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Second Motion to Extend the Temporary Restraining Order Dated March 5, 2026. 40. Therein, Plaintiffs request that the Temporary Restraining Order ("TRO") entered by the Court on March 5, 2026 (ECF No. 20) "be extended to maintain the status quo until the Court rules on Plaintiffs' Motion for Preliminary Injunction" ("PI Motion") (ECF No. 34). See (ECF No. 40) at 3. On March 13, 2026, the Court referred the PI Motion to United States Magistrate Judge Ellen F. D'Angelo. See (ECF No. 35). Magistrate Judge D'Angelo has set a hearing on the PI Motion for April 6, 2026, after the TRO's expiration, which the Court extended to April 2, 2026 for good cause. See (ECF Nos. 38-39). Plaintiffs argue that "[a]bsent the extension, Defendants will be able to quickly modify e-commerce store content, change payment accounts, transfer assets, and secret the restrained funds, thereby potentially thwarting Plaintiffs' ability to maintain the meaningful relief already awarded by the Court." (ECF No. 40) at 2-3. The Court finds good cause to extend the TRO for a like period. See Fed. R. Civ. P. 65(b)(2). Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the TRO is hereby EXTENDED until the earlier of April 16, 2026, or the Court's ruling on the PI Motion. Signed by Judge K. Michael Moore on 3/31/2026. (ss02)

Plaintiff's MOTION for Clerk's Entry of Default as to The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A, futbalfanatico.com, futbolfanaticss.com, mixedxculture.com, vintiquewear.com by ADIDAS AMERICA, INC, ADIDAS INTERNATIONAL MARKETING B.V., ADIDAS AG. Responses due by 4/17/2026.

Exhibit Declaration of Stephen M. Gaffigan in Support of Request for Clerk'

Text of Proposed Order

Clerk's Entry of Default - Granting [44] Plaintiff's MOTION for Clerk's Entry of Default as to The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A, futbalfanatico.com, futbolfanaticss.com, mixedxculture.com, vintiquewear.com filed by ADIDAS INTERNATIONAL MARKETING B.V., ADIDAS AMERICA, INC, ADIDAS AG. Signed by DEPUTY CLERK on 4/3/2026. See attached document for full details.

Plaintiff's MOTION for Default Judgment Against Defendants and Memorandum of Law in Support Thereof by ADIDAS AG, ADIDAS AMERICA, INC, ADIDAS INTERNATIONAL MARKETING B.V. Responses due by 4/17/2026.

Declaration of Virgilio Gigante in Support Thereof

Exhibit 1 to the Declaration of Virgilio Gigante

Text of Proposed Order Granting Default Final Judgment and Permanent Injunction

PAPERLESS ORDER OF REFERRAL TO MAGISTRATE JUDGE. PURSUANT to 28 U.S.C. § 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to United States Magistrate Judge Ellen F. D'Angelo to take all necessary and proper action as required by law with respect to Plaintiffs' Motion for Entry of Default Final Judgment Against Defendants 46. Signed by Judge K. Michael Moore on 4/6/2026. (ss02)

PAPERLESS Minute Order for proceedings held before Magistrate Judge Ellen F. D'Angelo: Motion Hearing held on 4/6/2026 re 34 Plaintiff's MOTION for Preliminary Injunction. Hearing held. Defendant not present. Report and Recommendation to follow. Total time in court: 21 minutes. Attorney Appearance(s): Virgilio Gigante -Plaintiff's Counsel. Court Reporter: Mary Ann Casale, 305-523-5632 / MaryAnn_Casale@flsd.uscourts.gov. (Digital 11:09:08)

REPORT AND RECOMMENDATIONS re [34] Plaintiffs' MOTION for Preliminary Injunction and Memorandum of Law in Support Thereof filed by ADIDAS INTERNATIONAL MARKETING B.V., ADIDAS AMERICA, INC, ADIDAS AG. Objections to R&R due by 4/10/2026. Signed by Magistrate Judge Ellen F. D'Angelo on 4/7/2026. See attached document for full details.

Plaintiff's NOTICE upon Defendants via Electronic Mail by ADIDAS AG, ADIDAS AMERICA, INC, ADIDAS INTERNATIONAL MARKETING B.V. re [49] REPORT AND RECOMMENDATIONS re [34] Plaintiff's MOTION for Preliminary Injunction and Memorandum of Law in Support Thereof filed by ADIDAS INTERNATIONAL MARKETING B.V., ADIDAS AMERICA, INC, ADIDAS AG Recommending GRANTING.

Exhibit Certificate of Sevice

CERTIFICATE OF SERVICE by ADIDAS AG, ADIDAS AMERICA, INC, ADIDAS INTERNATIONAL MARKETING B.V. re [49] REPORT AND RECOMMENDATIONS re [34] Plaintiff's MOTION for Preliminary Injunction and Memorandum of Law in Support Thereof filed by ADIDAS INTERNATIONAL MARKETING B.V., ADIDAS AMERICA, INC, ADIDAS AG Recommending GRANTING. upon Defendants via website posting

PAPERLESS ORDER ADOPTING [49] REPORT AND RECOMMENDATION. THIS CAUSE came before the Court upon Plaintiffs' Motion for Entry of Preliminary Injunction (the "Motion"). [34]. The Court referred the matter to the Honorable Ellen F. D'Angelo, United States Magistrate Judge, to take all necessary and proper action as required by law with respect to the Motion. (ECF No. 35). On April 6, 2026, Magistrate Judge D'Angelo held an evidentiary hearing that was only attended by counsel for Plaintiffs, despite Defendants receiving notice of the hearing. See (ECF Nos. 41-42, 48); (ECF No. 49) at 1. On April 7, 2026, Magistrate Judge D'Angelo issued a Report and Recommendation Granting Plaintiffs' Motion (the "R&R") recommending that the Motion be granted. See generally (ECF No. 49). No Party has filed objections to the R&R, and the time to do so has passed. The matter is now ripe for review. The Court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3). In the R&R, Magistrate Judge D'Angelo finds that: (1) Plaintiffs have demonstrated a substantial likelihood of success on the merits; (2) Plaintiffs are likely to suffer immediate and irreparable injury in the absence of a preliminary injunction; (3) the threatened injury to Plaintiffs outweighs the potential harm to Defendants; and (4) the public interest would be served by the entry of a preliminary injunction. See generally (ECF No. 49). Accordingly, Magistrate Judge D'Angelo recommends that the Motion be granted and that a preliminary injunction be entered in the form set forth in the R&R. Id. at 7-13. This Court agrees. Accordingly, UPON CONSIDERATION of the Motion, the R&R, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the R&R [49] is ADOPTED and the Motion [34] is GRANTED. It is further ORDERED that the recommended preliminary injunction set forth in the R&R, [49] at 7-13, is INCORPORATED as if fully set forth herein, and ENTERED in favor of Plaintiffs, and against Defendants, which are the Individuals, Business Entities, and Unincorporated Associations Identified on Schedule "A" attached to the R&R, to remain in effect during the pendency of this action. Signed by Judge K. Michael Moore on 4/13/2026. (ss02)