2026-cv-00255

COMPLAINT against SCHEDULE A DEFENDANTS (Filing fee, including Administrative fee, $405, receipt number APAWDC-9359400), filed by MILWAUKEE ELECTRIC TOOL CORPORATION.

Civil Cover Sheet

Exhibit 1

MOTION for Leave to File Documents Under Seal by MILWAUKEE ELECTRIC TOOL CORPORATION.

Proposed Order

MOTION for Temporary Restraining Order, MOTION to Expedite Discovery by MILWAUKEE ELECTRIC TOOL CORPORATION.

Proposed Order

BRIEF in Support re [3] Motion for TRO, Motion to Expedite filed by MILWAUKEE ELECTRIC TOOL CORPORATION.

Declaration of Jay Harvey Paragoso

Declaration of Keaton Smith

MOTION for Alternative Service by MILWAUKEE ELECTRIC TOOL CORPORATION.

Proposed Order

BRIEF in Support re [5] Motion for Alternative Service filed by MILWAUKEE ELECTRIC TOOL CORPORATION.

MOTION for Leave to File Excess Pages by MILWAUKEE ELECTRIC TOOL CORPORATION.

Proposed Order

Disclosure Statement identifying None as corporate parent or other affiliate, declaring citizenship by MILWAUKEE ELECTRIC TOOL CORPORATION.

NOTICE of Appearance by Keaton David Smith on behalf of MILWAUKEE ELECTRIC TOOL CORPORATION.

NOTICE of Appearance by Shengmao Mu on behalf of MILWAUKEE ELECTRIC TOOL CORPORATION.

NOTICE of Appearance by Abby Marie Neu on behalf of MILWAUKEE ELECTRIC TOOL CORPORATION.

NOTICE of Appearance by Ryan E. Carreon on behalf of MILWAUKEE ELECTRIC TOOL CORPORATION.

Judge Mark R. Hornak added. (Text entry; no document attached.)

ORDER GRANTING [2] MOTION for Leave to File Documents Under Seal. DO NOT electronically file the sealed version of the document until you electronically file the redacted version of the document, using the Redacted Document event, unless otherwise ordered by the Court. You are required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Judge Mark R. Hornak on 2/12/26.

ORDER GRANTING [3] Motion for TRO and Motion to Expedite. Signed by Judge Mark R. Hornak on 2/12/26.

ORDER to Vacate Document. Due to a clerical error, it is hereby ORDERED that 14 Order on Motion for TRO is hereby VACATED. Signed by Judge Mark R. Hornak on 2/12/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter.

REDACTION to [1] COMPLAINT, Schedule A by MILWAUKEE ELECTRIC TOOL CORPORATION.

REDACTION to [1] COMPLAINT, Exhibit 2 by MILWAUKEE ELECTRIC TOOL CORPORATION.

SEALED DOCUMENT by MILWAUKEE ELECTRIC TOOL CORPORATION.

SEALED EXHIBIT in support of Complaint Schedule A by MILWAUKEE ELECTRIC TOOL CORPORATION pursuant to.

SEALED EXHIBIT in support of Complaint Exhibit 2 by MILWAUKEE ELECTRIC TOOL CORPORATION pursuant to.

CLERK'S REQUEST FOR CORRECTIVE ACTION re [4] Brief in Support of Motion. ERROR: Case number is not listed on the document. CORRECTION: Filer is directed to file the document with the case number using the Errata event. (Text entry; no document attached.)

PATENT/TRADEMARK DOCUMENTS ISSUED.

Errata re [4] Brief in Support of Motion by MILWAUKEE ELECTRIC TOOL CORPORATION. Reason for Correction: Missing Case Number.

TEMPORARY RESTRAINING ORDER. A Show Cause Hearing is hereby SCHEDULED for 2/25/26 at 1:30 PM in Courtroom 6A before Judge Mark R. Hornak. It is further ORDERED as set forth herein. Signed by Judge Mark R. Hornak on 2/13/26.

ORDER GRANTING AS MODIFIED BY THE COURT 5 Motion for Alternative Service. Signed by Judge Mark R. Hornak on 2/13/25.

ORDER GRANTING 7 Motion for Leave to File Excess Pages. Signed by Judge Mark R. Hornak on 2/13/26.

Surety BOND in the amount of $25000 Receipt Number S-960078, posted by MILWAUKEE ELECTRIC TOOL CORPORATION NGM Insurance Company as Surety.

MOTION to Extend Time to Temporary Restraining Order by MILWAUKEE ELECTRIC TOOL CORPORATION.

Proposed Order

BRIEF in Support re [27] Motion to Extend Time filed by MILWAUKEE ELECTRIC TOOL CORPORATION.

Declaration of Keaton Smith

ORDER GRANTING MOTION 27 TO EXTEND, EXTENDING TEMPORARY RESTRAINING ORDER, RESETTING FILING DEADLINES AND RESETTING SHOW CAUSE HEARING. Pursuant to Fed. R. Civ. P. 65 and for good cause shown, the Temporary Restraining Order ("TRO") previously entered in this action is extended to an including March 13, 2026. The show cause hearing previously set by Order is continued and is hereby reset for March 10, 2026 at 1:30 PM, via ZOOM. Responses to the show cause Order of the Defendants shall be filed by March 4, 2026 at 2:00 PM, and any replies from the Plaintiff shall be filed by March 6, 2026 at 2:00 PM. In all other respects the TRO and scheduling Orders previously entered by this Court remain in full force and effect. Signed by Judge Mark R. Hornak on 2/20/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter.

Order on Motion to Extend Time (Text entry; no document attached.)

ORDER DIRECTING THE FILING OF A SUPPLEMENTAL REPORT BY THE PLAINTIFF AND THE PROVISION TO THE COURT VIA ELECTRONIC MAIL OF ADDITIONAL DOCUMENTATION. In consideration of the matters currently before the Court in this proceeding, including the Plaintiff's request for provisional injunctive and declaratory relief and other related submissions, it is ORDERED that not later than 48 hours prior to the commencement of any show cause or other hearing in this case relative to preliminary injunctive relief, Plaintiff shall supplement its filings via a single report filed on the docket and, in furtherance of the relief sought, such submission shall address the following: (1) Whether Plaintiff has previously brought any action, claim or proceeding in any court or tribunal against any named Defendant wherein Plaintiff sought to enforce the involved copyrights/trademarks/patents, identifying the tribunal, type of claim, and case number of any such action and advising the Court as to its current status; (2) For any such action identified in (1), state the number of Defendants currently enjoined by any form of equitable relief for alleged infringement or violation of the interest at issue in this action; and (3) To the extent the Plaintiff has sought, seeks or will seek authorization for alternative service of process or other papers, the Plaintiff shall file a statement of position as to the applicability of the reasoning in Smart Study, Co., No. 24-313, 2025 WL 3672740 (2d Cir. Dec. 18, 2025) to such request, and advise the Court how any Orders in this action should proceed so as to conform to applicable law. In the alternative, to the extent that the Plaintiff is not seeking alternative service the Plaintiff shall explicitly so state. Further, in such report, the Plaintiff shall supply the Court with information pertaining to: (a) the aggregate amount of assets frozen in this action pursuant to any Order of this Court; (b) the average dollar amount frozen per defendant in this action; (c) the smallest and largest amounts so frozen, along with the identities of those corresponding defendants; and (d) the identities of any defendant with cumulative assets frozen of $10,000 or greater, and the corresponding amount. Additionally, it is ORDERED that also no later than 48 hours prior to the commencement of any show cause or other hearing in this case relative to preliminary injunctive relief, Plaintiff shall file a final proposed order for injunctive relief on the docket. Plaintiff shall also send a copy of said order in a Word document via electronic mail to Hornak_Chambers@pawd.uscourts.gov. This Order supplements and supersedes any prior Order in this action directed to these matters. Signed by Judge Mark R. Hornak on 2/26/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter.

PRAECIPE to Issue Summons by MILWAUKEE ELECTRIC TOOL CORPORATION

(Summons)

Summons Issued as to SCHEDULE A DEFENDANTS

NOTICE as to SHOW CAUSE HEARING. The SHOW CAUSE HEARING set for Tuesday, March 10, 2026 at 1:30 PM will be conducted via Zoom video conference. The Plaintiff shall give notice and provide service of this Order to all remaining Defendants in conformity with this Court's previous Orders authorizing service. The Plaintiff shall file Certificates of Service upon completion of such service. Any person who wishes to participate in the hearing by Zoom must be a party to these actions. In order to participate, any non-individual party must be represented by an attorney who is admitted or capable of being admitted to practice before this Court, and any such attorney must enter an appearance on the appropriate docket. Alternatively, any party to these actions who is an individual natural person and who files, via the Court's CM/ECF system, formal notice on the appropriate docket, including an email at which they can be contacted, that they intend to represent themselves may participate in the Zoom hearing on their own behalf. Any entity or organization may be represented by legal counsel only, and a non-lawyer may represent themselves only. The Zoom information required to participate will be disseminated by email to parties who comply with these procedures for their use only. Public access to observe proceedings will be provided by other means. Participants are expected to join the Zoom conference at least fifteen (15) minutes early to provide time for admitting approved participants. Signed by Judge Mark R. Hornak on 3/3/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter.

Order (Text entry; no document attached.)

SUMMONS/Return of Service Returned Executed by MILWAUKEE ELECTRIC TOOL CORPORATION. SCHEDULE A DEFENDANTS served on 3/3/2026, answer due 3/24/2026.

Declaration of Keaton Smith

(Schedule A)

SUPPLEMENT by MILWAUKEE ELECTRIC TOOL CORPORATION to 30 Order.

Declaration of Shengmao Mu

Exhibit 1

(Exhibit 2)

Proposed Order Preliminary Injunction per 30 Order by MILWAUKEE ELECTRIC TOOL CORPORATION. Modified text on 3/9/2026.

Minute Entry for proceedings held before Judge Mark R. Hornak: Show Cause Hearing held on 3/10/26. (Court Reporter: Amanda Williamson)

PRELIMINARY INJUNCTION ORDER. IT IS HEREBY ORDERED that Defendants, their officers, agents, servants, employees, attorneys, and all persons acting for, with, by, through, under, or in active concert with them be preliminarily enjoined and restrained from: a. using the Plaintiff's Trademarks or any reproductions, infringing copies, or colorable imitations in any manner in connection with the distribution, marketing, advertising, offering for sale, or sale of any product that is not a genuine Plaintiff's product or not authorized by Plaintiff to be sold in connection with the Plaintiffs Trademarks. AND IT IS FURTHER ORDERED as set forth herein. Signed by Judge Mark R. Hornak on 3/10/26.

(Schedule A) (bdb)

ORDER DIRECTING PLAINTIFF TO FILE STATUS REPORT. Plaintiff's counsel shall file a Status Report on the matters relevant to this case within thirty (30) days of the date of this order, or sooner if there is a material development. In said status report, Plaintiff is directed to provide a factual basis as to whether and what amount of any of the monies frozen in Defendant's account(s) pursuant to any of this Court's Orders are specifically related to the alleged infringing conduct in the action at bar, and, if so, shall show cause why such amounts beyond those amounts should remain frozen by Order of this Court. Signed by Judge Mark R. Hornak on 3/10/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter.

ORDER DIRECTING PLAINTIFF TO CAUSE THE LIFTING OF SEQUESTRATION OF FUNDS FOR DEFENDANT. The Court entered a Preliminary Injunction in this matter on March 10, 2026. [ECF No. 38]. In entering that Preliminary Injunction, the Court found that the Plaintiff had not met Plaintiff's burden as to one Defendant (Defendant 10, CNEMO), as noted on the record and as represented in the modified Schedule A attached to the Preliminary Injunction Order. [ECF No. 38- 1]. The assets held by one or more involved e-commerce platforms/marketplaces of this Defendant should thus no longer be sequestered or frozen pursuant to the Court's previous Temporary Restraining Order. The Court directs the Plaintiff to request the release of such funds from all such third-party intermediaries, including but not limited to Amazon, Walmart, and Temu within 7 days of the date of this Order, and to promptly thereafter file a Notice on the docket that such release has been accomplished. Signed by Judge Mark R. Hornak on 3/12/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter.

Order (Text entry; no document attached.)

NOTICE by MILWAUKEE ELECTRIC TOOL CORPORATION re 40 Order

STANDING ORDER AND PROCEDURES ON CIVIL MOTION PRACTICE. Signed by Judge Mark R. Hornak on 3/20/26.

REQUEST by MILWAUKEE ELECTRIC TOOL CORPORATION for entry of DEFAULT against SCHEDULE A DEFENDANTS.

Proposed Order

Schedule A

Declaration of Keaton Smith

CLERK'S ENTRY OF DEFAULT as to SCHEDULE A DEFENDANTS listed in Schedule A.

(Schedule A) (tla)