最近更新:2024-12-25
更新

2024-cv-01962

XYZ Corp. v. Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint

日期:05/31/2024

法院:纽约州南区法院

品牌:

律所:

日期 描述
02/12/2025 NOTICE OF APPEARANCE by James Kevin Haney on behalf of Fox Shiver LLC.
02/11/2025 CERTIFICATION OF JUDGMENT issued on February 11, 2025, as per the judgment at document #108. Certification of judgment mailed by the Court.
02/11/2025 PROPOSED CLERK'S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT. Filing fee $ 12.00, receipt number ANYSDC-30600511. Clerk's Certification of a Judgment to be Registered in Another District to be Mailed by the Court. Document filed by Fox Shiver LLC. Document Number of Related Judgment: [108]. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
02/11/2025 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT: Notice to Attorney James Haney to RE-FILE Document No. [130] Proposed Clerk's Certification of a Judgment to be Registered in Another District. The filing is deficient for the following reason(s): the proposed clerk's certification of a judgment to be registered in another district lists the wrong date of entry for the judgment. Re-file the document using the event type Proposed Clerk's Certification of a Judgment to be Registered in Another District found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that lists the correct entry date of the judgment. When refiling, bypass the payment screen since it was already paid.
02/11/2025 PROPOSED CLERK'S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT. Filing fee $ 12.00, receipt number BNYSDC-30597724. Clerk's Certification of a Judgment to be Registered in Another District to be Mailed by the Court. Document filed by Fox Shiver LLC. Document Number of Related Judgment: [108]. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
12/26/2024 PARTIAL SATISFACTION OF JUDGMENT re: [108] Amended Judgment entered In favor of Fox Shiver LLC Against InspirexFunTees in the amount of $50,000.00. Judgment satisfied on 12/23/2024. Document filed by Fox Shiver LLC.
12/24/2024 Proposed Satisfaction of Judgment
12/11/2024 MEMO ENDORSEMENT on re: [126] Letter filed by Fox Shiver LLC. ENDORSEMENT: The Clerk of Court is respectfully directed to release and return the full bond amount to Axenfeld Law Group, LLC, 535 N. Church St. #304, West Chester, Pennsylvania 19380. The Clerk of Court is respectfully directed to close this case. (Signed by Judge Lorna G. Schofield on 12/11/2024) (vfr) Transmission to Finance Unit (Cashiers) for processing.
12/10/2024 LETTER addressed to Judge Lorna G. Schofield from Dmitry Lapin, Esq. dated December 10, 2024 re: Release of Injunction Bond. Document filed by Fox Shiver LLC.
12/09/2024 DEFAULT JUDGMENT IT IS HEREBY ORDERED that Plaintiff's Motion for Default Judgment is GRANTED in its entirety, that Default Judgment is entered against the Turkish Defendants, as specified herein. Pursuant to 17 U.S.C. �504, Plaintiff is awarded statutory damages from each ofthe Turkish Defendants, in the amount of fifty thousand dollars ($50,000.00); In addition to the statutory damages awarded in paragraph 6, herein, and pursuantto 17 U.S.C. �1203(c), Plaintiff is awarded statutory damages from each of the Subject CMIDefendants, in the amount of seventeen thousand five hundred dollars ($17,500.00) per violation,as specified below: a. Defendant bydigitalworldshop - $35,000 for providing false CMI, by (1) applyingits own watermark, and (2) ascribing its own terms and conditions on the use ofthe Subject Work, in connection with its unauthorized commercial exploitation ofdigital files containing a Subject Work. b. Defendant ChiccoCoDesign - $35,000 for providing false CMI, by (1) applyingits own watermark, and (2) ascribing its own terms and conditions on the use ofthe Subject Work, in connection with its unauthorized commercial exploitation ofdigital files containing a Subject Work.c. Defendant SVGSHOPOXI - $35,000 for providing false CMI, by (1) applying itsown watermark, and (2) ascribing its own terms and conditions on the use of theSubject Work, in connection with its unauthorized commercial exploitation ofdigital files containing a Subject Work. The Clerk of Court is directed to release and return the five thousand-dollar($5,000) bond posted by Plaintiff. (And as further set forth herein.) Motions terminated: [118] MOTION for Default Judgment as to Defendants identified in Appendix A to the proposed Order to Show Cause. filed by Fox Shiver LLC. (Signed by Judge Lorna G. Schofield on 12/9/2024) (jca) Transmission to Finance Unit (Cashiers) for processing.
11/22/2024 CERTIFICATE OF SERVICE of Order to Show Cause and Supporting Papers on November 22, 2024. Document filed by Fox Shiver LLC.
11/20/2024 NOTICE OF APPEARANCE by Defeng Song on behalf of InspirexFunTees.
11/19/2024 ORDER TO SHOW CAUSE WHY DEFAULT JUDGMENT AND PERMANENT INJUNCTION SHOULD NOT BE ENTERED AGAINST DEFAULTING DEFENDANTS: It is hereby: ORDERED that the Turkish Defendants how cause before the Honorable Lorna G. Schofield, telephonically by calling 1-855-244-8681 and entering meeting code 2311 193 8649, on December 4, 2024, at 4:20 pm, and show cause why an Order should not be issued pursuant to Rule 55 of the Federal Rules of Civil Procedure entering a final judgment by default, as well as a permanent injunction against each Turkish Defendant; as well as awarding such other further relief as the Court deems equitable and just; and it is further ORDERED that the service copy of this ORDER TO SHOW CAUSE and its supporting papers, shall be made on each Turkish Defendant by November 22, 2024, via registered e-mail to each Subject Defendant; and it is further ORDERED that opposing papers, if any, shall be filed with the Court and served on Plaintiff's counsel on or before November 27, 2024, 2024, by delivering copies thereof to the office of Axenfeld Law Group LLC 535 N. Church St. #304 West Chester Pennsylvania 19380. Plaintiff shall file and serve any reply papers on or before December 2, 2024; and it is further ORDERED that if the Turkish Defendants, or any of them, fail to appear at the Hearing or otherwise fail to respond to this Order to Show Cause, a default judgment will be entered against each of the Defaulting Defendants. SO ORDERED (Signed by Judge Lorna G. Schofield on 11/19/2024) (Responses due by 11/27/2024, Replies due by 12/2/2024., Telephone Conference set for 12/4/2024 at 04:20 PM before Judge Lorna G. Schofield.)
11/18/2024 ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. [121] Proposed Default Judgment was reviewed and approved as to form.
11/18/2024 ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. [117] Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form.
11/18/2024 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Fox Shiver LLC. Proposed Default Judgment to be reviewed by Clerk's Office staff.
11/18/2024 DECLARATION of Justyna Dorsz in Support re: [118] MOTION for Default Judgment as to Defendants identified in Appendix A to the proposed Order to Show Cause. Document filed by Fox Shiver LLC.
附件:
1:Exhibit C - CMI screen captures
2:Exhibit B - Comparisons
3:Exhibit A - Copyright Registrations
11/18/2024 DECLARATION of Dmitry Lapin in Support re: [118] MOTION for Default Judgment as to Defendants identified in Appendix A to the proposed Order to Show Cause. Document filed by Fox Shiver LLC.
附件:
1:Exhibit B - Etsy Fees
2:Exhibit A - Complaint
11/18/2024 MOTION for Default Judgment as to Defendants identified in Appendix A to the proposed Order to Show Cause. Document filed by Fox Shiver LLC.
11/18/2024 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Fox Shiver LLC. Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
11/14/2024 CLERK'S CERTIFICATE OF DEFAULT as to defendants bydigitalworldshop, ChiccoCoDesign, GreenHouseTshirt, CozyCraftShirts, MASNUEVO, NovaBySafir, PrintySoul, SimpleSVGcraft, SVGSHOPOXI.
11/13/2024 MEMO ENDORSED ORDER granting [112] Motion for Entry of Default. ENDORSEMENT: Within five (5) days of entry of any certificate of default, Plaintiff shall file a proposed default judgment and a proposed order to show cause for why default judgment should not issue. The initial pretrial conference scheduled for December 4, 2024, is CANCELLED. So Ordered. The Clerk of Court is respectfully directed to enter a certificate of default as to the below-named Defendants. (Signed by Judge Lorna G. Schofield on 11/13/2024) (mml) Transmission to Orders and Judgments Clerk for processing.
11/11/2024 AFFIRMATION of Dmitry Lapin in Support re: [112] MOTION for Entry of Default as to bydigitalworldshop, ChiccoCoDesign, GreenHouseTshirt, CozyCraftShirts, MASNUEVO, NovaBySafir, PrintySoul, SimpleSVGcraft, and SVGSHOPOXI. Document filed by Fox Shiver LLC.
附件:
1:Exhibit D - July 5 2024 Letter and Certificate of Service
2:Exhibit C - May 17 2024 Letter from Turkish Central Authority
3:Exhibit B - May 6 2024 Letter from Turkish Central Authority
4:Exhibit A - Letter and USM94s to Turkish Central Authority
11/11/2024 MEMORANDUM OF LAW in Support re: [112] MOTION for Entry of Default as to bydigitalworldshop, ChiccoCoDesign, GreenHouseTshirt, CozyCraftShirts, MASNUEVO, NovaBySafir, PrintySoul, SimpleSVGcraft, and SVGSHOPOXI. Document filed by Fox Shiver LLC.
11/11/2024 MOTION for Entry of Default as to bydigitalworldshop, ChiccoCoDesign, GreenHouseTshirt, CozyCraftShirts, MASNUEVO, NovaBySafir, PrintySoul, SimpleSVGcraft, and SVGSHOPOXI. Document filed by Fox Shiver LLC.
10/23/2024 ORDER: It is hereby ORDERED that the initial pretrial conference scheduled for October 30, 2024, is adjourned to December 4, 2024, at 4:20pm. (Initial Conference set for 12/4/2024 at 04:20 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 10/23/2024)
10/17/2024 ORDER granting [109] Letter Motion for Extension of Time to File. Application GRANTED. Plaintiff shall file any motion for default judgment against the Turkish Defendants by November 15, 2024. (Signed by Judge Lorna G. Schofield on 10/17/2024)
10/16/2024 LETTER MOTION for Extension of Time to File Plaintiff's Motion for Default Judgement as to the remaining Turkish Defendants addressed to Judge Lorna G. Schofield from Dmitry Lapin, Esq. dated October 16, 2024. Document filed by Fox Shiver LLC.
08/27/2024 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Henry J. Ricardo to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only.
08/06/2024 AMENDED DEFAULT JUDGMENT amending [104] Default Judgment, Terminate Motions, Accordingly, this Court ORDERS that: 1. The Subject Defendants, their affiliates, officers, agents, servants, employees, attorneys, confederates, and all persons acting for, with, by, through, under or in active concert with them be permanently enjoined and restrained from: As further set forth in this Order. Pursuant to 17 U.S.C. �504, Plaintiff is awarded statutory damages from each of the Subject Defendants, in the amount of fifty thousand dollars ($50,000.00); 7. In addition to the statutory damages awarded in paragraph 6, herein, and pursuant to 17 U.S.C. �1203(c), Plaintiff is awarded statutory damages from each of the Group-A Subject CMI Defendants, in the amount of ten thousand dollars ($10,000.00) per violation, as specified below: As further set forth in this Order. Defendant ModeVistaStudio - $10,000 for providing false CMI, by ascribing its own terms and conditions on the use of a Subject Work, in connection with its Infringing Product. 8. In addition to the statutory damages awarded in paragraph 6, herein, and pursuant to 17 U.S.C. �1203(c), Plaintiff is awarded statutory damages from each of the Group-B Subject CMI Defendants, in the amount of seventeen thousand five hundred dollars ($17,500.00) per violation, as specified below: a. Defendant AmriMagicPen - $17,500 for providing false CMI, by ascribing its own terms and conditions on the use of a Subject Work, in connection with its unauthorized commercial exploitation of digital files containing a Subject Work; b. Defendant BarclayStudioStore - $17,500 for providing false CMI, by ascribing its own terms and conditions on the use of a Subject Work, in connection with its unauthorized commercial exploitation of digital files containing a Subject Work; c. Defendant DigitalArtsShoppe - $17,500 for providing false CMI, by ascribing its own terms and conditions on the use of a Subject Work, in connection with its unauthorized commercial exploitation of digital files containing a Subject Work; d. Defendant IllustriousJaims - $17,500 for providing false CMI, by applying its own watermark in connection with its unauthorized commercial exploitation of digital files containing a Subject Work; and e. Defendant SmittenKittensCreates - $35,000 for providing false CMI, by (1) applying its own watermark, and (2) ascribing its own terms and conditions on the use of the Subject Work, in connection with its unauthorized commercial exploitation of digital files containing a Subject Work. As further set forth in this Order. The five thousand-dollar ($5,000) bond posted by Plaintiffs, including any interest minus the registry fee, will be released to Plaintiff or its counsel upon notice to the Court that all non-defaulting defendants have been dismissed from this case. The Clerk of the Court is directed to return the bond previously deposited with the Clerk of the Court to Plaintiff or its counsel once such notice is provided. (Signed by Judge Lorna G. Schofield on 8/6/2024) (ks) Transmission to Finance Unit (Cashiers) for processing.
08/06/2024 ORDER granting [106] Motion. Application GRANTED. An amended default judgment will issue separately. (Signed by Judge Lorna G. Schofield on 8/6/2024)
08/05/2024 MOTION correct/modify the August 2, 2024 Default Judgment Order re: [104] Default Judgment, Terminate Motions. Document filed by Fox Shiver LLC.
08/05/2024 MOTION correct/modify the August 2, 2024 Default Judgment Order re: [104] Default Judgment, Terminate Motions. Document filed by Fox Shiver LLC.
08/01/2024 DEFAULT JUDGMENT. IT IS HEREBY ORDERED that Plaintiffs Motion for Default Judgment is GRANTED in its entirety, that Default Judgment is entered against the Subject Defendants, as specified herein. Accordingly, this Court ORDERS that: 1. The Subject Defendants, their affiliates, officers, agents, servants, employees, attorneys, confederates, and all persons acting for, with, by, through, under or in active concert with them be permanently enjoined and restrained from: a.Using the Subject Works, or any reproductions, counterfeit copies, or colorable imitations thereof in any manner in connection with the distribution, marketing, advertising, offering for sale, or sale of any products, including the Infringing Products and as further set forth in this Judgment; Those in privity with the Subject Defendants, and with actual notice of this Order, including any online marketplaces such as Etsy, Amazon, eBay, PayPal, Wish, or Payoneer, social media platforms, Facebook, YouTube, LinkedIn, Twitter, Internet search engines such as Google, shall within three (3) business days of receipt of this Order: a.disable and cease providing services for any accounts through which the Subject Defendants engage in the sale of counterfeit and infringing goods using the Subject Works and as further set forth in this Judgment; Etsy, and its related companies and affiliates shall, within three (3) business days of receipt of this Order, pe1manently restrain and enjoin any accounts connected to the Subject Defendants or the Subject Defendants' Online Storefronts from transferring or disposing of any money or other of the Subject Defendants' assets. All banks, savings institutions, payment processors, money transmitters, and other financial institutions (collectively, the "Financial Institutions"), such as PayPal, Inc., Payoneer, Inc., Wise/Transfer Wise, Ping Pong Global Solutions, Inc., AllPay Limited, etc., shall, within three (3) business days of receipt of this Order, permanently restrain and enjoin any accounts connected to the Subject Defendants or the Subject Defendants' Online Storefronts from transferring or disposing of any money or other of the Subject Defendants' assets. Pursuant to 17 U.S.C. �504, Plaintiff is awarded statutory damages from each of he Subject Defendants, in the amount of fifty thousand dollars ($50,000.00); In addition to the statutory damages awarded in paragraph 6, herein, and pursuant to 17 U.S.C. �1203(c), Plaintiff is awarded statutory damages from each of the Group-A Subject CMI Defendants, in the amount of ten thousand dollars ($10,000.00) per violation, as specified below: Defendant ModeVistaStudio - $10,000 for providing false CMI, by ascribing its own terms and conditions on the use of a Subject Work, in connection with its Infringing Product. In addition to the statutory damages awarded in paragraph 6, herein, and pursuant to 17 U.S.C. �1203(c), Plaintiff is awarded statutory damages from each of the Group-B Subject CMI Defendants, in the amount of seventeen thousand five hundred dollars ($17,500.00) per violation, as specified below: a.Defendant AmriMagicPen - $17,500 for providing false CMI, by ascribing its own terms and conditions on the use of a Subject Work, in connection with its unauthorized commercial exploitation of digital files containing a Subject Work;b.Defendant BarclayStudioStore - $17,500 for providing false CMI, by ascribing its own terms and conditions on the use of a Subject Work, in connection with its unauthorized commercial exploitation of digital files containing a Subject Work;c.Defendant DigitalArtsShoppe - $17,500 for providing false CMI, by ascribing its own terms and conditions on the use of a Subject Work, in connection with its unauthorized commercial exploitation of digital files containing a Subject Work;d.Defendant IllustriousJaims - $17,500 for providing false CMI, by applying its own watermark in connection with its unauthorized commercial exploitation of digital files containing a Subject Work; ande.Defendant SmittenKittensCreates - $35,000 for providing false CMI, by (1) applying its own watermark, and (2) ascribing its own terms and conditions on the use of the Subject Work, in connection with its unauthorized commercial exploitation of digital files containing a Subject Work. All monies currently restrained in the Subject Defendants financial accounts, including monies held by Etsy and/or the Financial Institutions, are hereby released to Plaintiff as partial payment of the above-identified damages, and Etsy and the Financial Institutions are ordered to release to Plaintiff the amounts from the Subject Defendants account within ten (10) business days of receipt of this Order. The five thousand-dollar ($5,000) bond posted by Plaintiffs, including any interest minus the registry fee, will be released to Plaintiff or its counsel upon notice to the Court that all non-defaulting defendants have been dismissed from this case. The Clerk of the Court is directed to return the bond previously deposited with the Clerk of the Court to Plaintiff or its counsel once such notice is provided, Motions terminated: [92] MOTION for Default Judgment as to the Subject Defendants Identified in Appendix A to the proposed order to show cause. filed by Fox Shiver LLC. (Signed by Judge Lorna G. Schofield on 8/1/24) (yv) Transmission to Finance Unit (Cashiers) for processing.
08/02/2024 ***DELETED ENTRY. Deleted entry number Set/Reset Deadlines. The entry was incorrectly filed in this case.
07/31/2024 Minute Entry for proceedings held before Judge Lorna G. Schofield: Show Cause Hearing held on 7/31/2024.
07/17/2024 NOTICE OF VOLUNTARY DISMISSAL AS TO THE BELOW DEFENDANT Plaintiff, by and through the undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby voluntarily dismisses this action, with prejudice, and without costs to any party, specifically as it relates to the following Defendant only, who has not served an answer or moved for summary judgment in this action: CREEKTEE terminated. The above-named Defendant is dismissed. So Ordered. (Signed by Judge Lorna G. Schofield on 7/17/2024)
07/17/2024 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [102] Notice of Voluntary Dismissal, was reviewed and referred to Judge Lorna G. Schofield for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety;.
07/16/2024 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) CREEKTEE. Document filed by Fox Shiver LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
07/16/2024 CERTIFICATE OF SERVICE of Order to Show Cause, Supporting Papers, and Subsequent Order served on Subject Defendants on July 16, 2024. Document filed by Fox Shiver LLC.
07/15/2024 ORDER granting [99] Letter Motion for Extension of TimeApplication GRANTED. Plaintiff shall serve the Order to Show Cause and a copy of this Order by July 16, 2024. Any Defendants' Opposition shall be filed by July 23, 2024. Any Reply shall be filed by July 26, 2024. The hearing scheduled for July 24, 2024, is adjourned to July 31, 2024, at 4:20pm. (Signed by Judge Lorna G. Schofield on 7/15/2024)
07/12/2024 FIRST LETTER MOTION for Extension of Time to Serve Defaulting Defendants with Order to Show Cause addressed to Judge Lorna G. Schofield from Scott L. Baker dated July 12, 2024. Document filed by XYZ Corp.
07/11/2024 ORDER TO SHOW CAUSE WHY DEFAULT JUDGMENT AND PERMANENT INJUNCTION SHOULD NOT BE ENTERED AGAINST DEFAULTING DEFENDANTS: ORDERED that the Subject Defendants how cause before the Honorable Lorna G. Schofield, at a telephonic hearing on the following line: 888-363-4749, access code: 558-3333, on July 24, 2024, at 4:20 pm, and show cause why an Order should not be issued pursuant to Rule 55 of the Federal Rules of Civil Procedure entering a final judgment by default, as well as a permanent injunction against each Defaulting Defendant; as well as awarding such other further relief as the Court deems equitable and just; and it is further ORDERED that the service copy of this ORDER TO SHOW CAUSE and its supporting papers, shall be made on each Subject Defendant by July 12, 2024, via registered e-mail to each Subject Defendant; and it is further ORDERED that opposing papers, if any, shall be filed with the Court and served on Plaintiff's counsel on or before July 19, 2024, by delivering copies thereofto the office of Axenfeld Law Group LLC 535 N. Church St. #304 West Chester Pennsylvania19380. Plaintiff shall file and serve any reply papers on or before July 22,2024; and it is furtherORDERED that if the Subject Defendants, or any of them, fail to appear at the Hearing orotherwise fail to respond to this Order to Show Cause, a default judgment will be entered againsteach of the Defaulting Defendants. SO ORDERED. (Replies due by 7/22/2024., Telephone Conference set for 7/24/2024 at 04:20 PM before Judge Lorna G. Schofield.) Show Cause Response due by 7/19/2024. (Signed by Judge Lorna G. Schofield on 7/11/2024)
07/08/2024 NOTICE OF VOLUNTARY DISMISSAL AS TO THE BELOW DEFENDANT Plaintiff, by and through the undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby voluntarily dismisses this action, with prejudice, and without costs to any party, specifically as it relates to the following Defendant only, who have not served an answer or moved for summary judgment in this action: 1. VintageMiseryShop. The above-named Defendant is dismissed. So Ordered. (Signed by Judge Lorna G. Schofield on 7/8/2024) VintageMiseryShop terminated.
07/08/2024 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [96] Notice of Voluntary Dismissal was reviewed and referred to Judge Lorna G. Schofield for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety.
07/05/2024 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) VintageMiseryShop. Document filed by Fox Shiver LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
06/28/2024 ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. [95] Proposed Default Judgment was reviewed and approved as to form.
06/28/2024 ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. [91] Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form.
06/28/2024 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Fox Shiver LLC. Proposed Default Judgment to be reviewed by Clerk's Office staff.
06/28/2024 DECLARATION of Justyna Dorsz in Support re: [92] MOTION for Default Judgment as to the Subject Defendants Identified in Appendix A to the proposed order to show cause. Document filed by Fox Shiver LLC.
附件:
1:Exhibit E - Highlighted Listings relating to Subject CMI Defendants
2:Exhibit D - Subject CMI Defendants
3:Exhibit C - Comparisons
4:Exhibit B - Subject Defendants
5:Exhibit A - Copyright Registrations
06/28/2024 DECLARATION of Dmitry Lapin in Support re: [92] MOTION for Default Judgment as to the Subject Defendants Identified in Appendix A to the proposed order to show cause. Document filed by Fox Shiver LLC.
附件:
1:Exhibit E - Etsy Webpage
2:Exhibit D - Affidavit of Service as to BarclayStudioStore
3:Exhibit C - Affidavit fo Service as to Latvian Subject Defendants
4:Exhibit B - Affidavit of Service
5:Exhibit A - Complaint and accompany documents
06/28/2024 MOTION for Default Judgment as to the Subject Defendants Identified in Appendix A to the proposed order to show cause. Document filed by Fox Shiver LLC.
06/28/2024 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Fox Shiver LLC. Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
06/26/2024 NOTICE OF VOLUNTARY DISMISSAL AS TO THE BELOW DEFENDANT: Plaintiff, by and through the undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby voluntarily dismisses this action, with prejudice, and without costs to any party, specifically as it relates to the following Defendants only, who have not served an answer or moved for summary judgment in this action: 1. WestemBros. The above-named Defendant is dismissed. So Ordered. Westernbros terminated. (Signed by Judge Lorna G. Schofield on 6/26/2024)
06/26/2024 CLERK'S CERTIFICATE OF DEFAULT as to BarclayStudioStore.
06/26/2024 AFFIRMATION of Dmitry Lapin re: [87] Proposed Clerk's Certificate of Default. Document filed by Fox Shiver LLC.
06/26/2024 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Fox Shiver LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
06/26/2024 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Dmitry Lapin to RE-FILE Document [86] Affirmation in Support. ERROR(S): the document is associated with a deficient docket entry.
06/26/2024 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Dmitry Lapin. RE-FILE Document No. [85] Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the proposed clerk's certificate of default is the wrong document. Use the updated form on the Court's Web Site with Daniel Ortiz as Acting Clerk of Court and Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service.
06/26/2024 AFFIRMATION of Dmitry Lapin in Support re: [85] Proposed Clerk's Certificate of Default. Document filed by Fox Shiver LLC.
06/26/2024 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Fox Shiver LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
06/26/2024 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [84] Notice of Voluntary Dismissal, was reviewed and referred to Judge Lorna G. Schofield for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety;.
06/25/2024 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) Westernbros. Document filed by Fox Shiver LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
06/12/2024 ORDER granting [79] Letter Motion for Extension of Time. Application GRANTED. Plaintiff may move for default judgment as to the non-Turkish Defendants no later than June 28, 2024. Motions due by 6/28/2024. (Signed by Judge Lorna G. Schofield on 6/12/2024)
06/12/2024 CLERK'S CERTIFICATE OF DEFAULT as to the defendants in Appendix A.
06/12/2024 AFFIRMATION of Dmitry Lapin re: [80] Proposed Clerk's Certificate of Default. Document filed by Fox Shiver LLC.
附件:
1:Appendix A - Defaulting Defendants
06/12/2024 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Fox Shiver LLC.
附件:
1:Appendix A - Defaulting Defendants
06/11/2024 LETTER MOTION for Extension of Time /Reconsideration on Court Order dated June 11, 2024 [ECF No. 78] addressed to Judge Lorna G. Schofield from Dmitry Lapin, Esq. dated June 11, 2024. Document filed by Fox Shiver LLC.
06/11/2024 ORDER granting in part and denying in part [75] Letter Motion for Extension of Time to File. Application GRANTED in part and DENIED in part. Plaintiff shall move for default judgment against the Turkish Defendants no later than October 18, 2024. The initial pre-trial conference scheduled for July 3, 2024, is adjourned to October 30, 2024, at 4:20pm. The deadlines to move for default judgment with respect to the other Defendants are unchanged. (Signed by Judge Lorna G. Schofield on 6/11/2024)
06/11/2024 NOTICE OF VOLUNTARY DISMISSAL AS TO THE BELOW DEFENDANTS: Plaintiff, by and through the undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby voluntarily dismisses this action, without prejudice, and without costs to any party, specifically as it relates to the following Defendants only, who have not served an answer or moved for summary judgment in this action: 1. ManyartsIndia 2. MarinaTStore 3. SimpleStyles 4. StylewithSmile. The four above-named Defendants are dismissed. So Ordered. SimpleStyIes, StylewithSmile, ManyartsIndia and MarinaTStore terminated. (Signed by Judge Lorna G. Schofield on 6/11/2024)
06/11/2024 NOTICE OF VOLUNTARY DISMISSAL AS TO THE BELOW DEFENDANT: Plaintiff, by and through the undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby voluntarily dismisses this action, with prejudice, and without costs to any party, specifically as it relates to the following Defendants only, who have not served an answer or moved for summary judgment in this action: 1. CreativeSanity. The above-named Defendant is dismissed. So Ordered. CreativeSanity terminated. (Signed by Judge Lorna G. Schofield on 6/11/2024)
06/11/2024 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [74] Notice of Voluntary Dismissal was reviewed and referred to Judge Lorna G. Schofield for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety.
06/11/2024 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [73] Notice of Voluntary Dismissal was reviewed and referred to Judge Lorna G. Schofield for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety.
06/10/2024 LETTER MOTION for Extension of Time to File Motion for Default Judgment addressed to Judge Lorna G. Schofield from Dmitry Lapin, Esq. dated June 10, 2024. Document filed by Fox Shiver LLC.
06/10/2024 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) ManyartsIndia, MarinaTStore, SimpleStyIes, StylewithSmile. Document filed by Fox Shiver LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
06/10/2024 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) CreativeSanity. Document filed by Fox Shiver LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
06/04/2024 CERTIFICATE OF SERVICE of May 30, and May 31, 2024 Court Orders served on Remaining Defendants on 6/4/24. Document filed by Fox Shiver LLC.
06/04/2024 SUMMONS RETURNED EXECUTED. BarclayStudioStore served on 6/4/2024, answer due 6/25/2024. Document filed by Fox Shiver LLC.
06/04/2024 ORDER: It is hereby ORDERED that Plaintiff's request for alternative service is GRANTED. (Signed by Judge Lorna G. Schofield on 6/3/2024)
06/03/2024 NOTICE OF VOLUNTARY DISMISSAL AS TO THE BELOW DEFENDANT: Plaintiff, by and through the undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby voluntarily dismisses this action, with prejudice, and without costs to any party, specifically as it relates to the following Defendants only, who have not served an answer or moved for summary judgment in this action: 1. FrecklesCreationCo. The above-named Defendant is dismissed. So Ordered. (Signed by Judge Lorna G. Schofield on 6/3/2024) FrecklesCreationCo terminated.
06/03/2024 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) FrecklesCreationCo. Document filed by Fox Shiver LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
06/03/2024 STATUS REPORT. Motion for Alternative Service as to BarclayStudioStore Document filed by Fox Shiver LLC.
05/31/2024 ORDER granting [65] Letter Motion to Adjourn Conference. Application GRANTED. The conference scheduled for June 26, 2024, is adjourned to July 3, 2024, at 4:20pm. Plaintiff shall serve a copy of this Order and the Order dated May 30, 2024, on Defendants and shall file proof of service by June 4, 2024. Initial Conference set for 7/3/2024 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 5/31/2024)
05/31/2024 LETTER MOTION to Adjourn Conference Currently Scheduled for June 26, 2024 addressed to Judge Lorna G. Schofield from Dmitry Lapin, Esq. dated May 31, 2024. Document filed by Fox Shiver LLC.
05/31/2024 CERTIFICATE OF SERVICE of Summons and Complaint. ChiccoCoDesign served on 4/15/2024, answer due 5/6/2024; NovaBySafir served on 4/15/2024, answer due 5/6/2024; PrintySoul served on 4/15/2024, answer due 5/6/2024; SVGSHOPOXI served on 4/15/2024, answer due 5/6/2024; SimpleSVGcraft served on 4/15/2024, answer due 5/6/2024; bydigitalworldshop served on 4/15/2024, answer due 5/6/2024. Document filed by Fox Shiver LLC.
05/30/2024 ORDER: Initial Conference set for 6/26/2024 at 04:20 PM before Judge Lorna G. Schofield. The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time, as further set forth. By June 12, 2024, Plaintiff shall move for default judgment as provided in Appendix A to the Court's Individual Rules against any Defendant that has not answered or otherwise responded to the complaint. Plaintiff may seek an adjournment as to any Defendant for good cause shown. (Signed by Judge Lorna G. Schofield on 5/30/2024)
05/28/2024 PRELIMINARY INJUNCTION ORDER: NOW THEREFORE, on this 28 day of May, 2024, this Court ORDERS that: Defendants, their affiliates, officers, agents, servants, employees, attorneys, confederates, and all persons acting for, with, by, through, under or in active concert with them be preliminarily enjoined and restrained from: Using or otherwise exploiting the Subject Works, or any copyrights thereto, in any manner; As further set forth in this Order. The Clerk of Court is directed to unseal ECF Nos. 1-8 in their entirety. The Temporary Restraining Order [Doc. No. 9] is now unsealed. The Clerk of Court is directed to unseal ECF No. 9 in its entirety. Any Defendant that is subject to this Order may appear and move to dissolve or modify this Order on seven (7) days' notice to Plaintiff, or on shorter notice as set by this Court. The Five Thousand Dollars ($5,000.00) bond posted by Plaintiff shall remain with the Court until a final disposition of this case, or until this Preliminary Injunction is terminated. As further set forth in this order. (Signed by Judge Lorna G. Schofield on 5/28/2024) (ks) Transmission to Finance Unit (Cashiers) for processing.
05/28/2024 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. [61] Proposed Order was reviewed and approved as to form.
05/28/2024 PROPOSED ORDER. Document filed by Fox Shiver LLC. Proposed Order to be reviewed by Clerk's Office staff.
05/21/2024 MEMO ENDORSEMENT on [59] NOTICE of Withdrawal of Plaintiffs Motion for Civil Contempt Against Non-Party Etsy, Inc.; terminating [48] Motion for Order to Show Cause. ENDORSEMENT: The conference scheduled for May 29, 2024 at 4:20pm is CANCELED. The Clerk of Court is respectfully directed to close the motion at Dkt. 48. So Ordered. (Signed by Judge Lorna G. Schofield on 5/21/2024)
05/20/2024 NOTICE of Withdrawal of Plaintiffs Motion for Civil Contempt Against Non-Party Etsy, Inc. re: [53] Order to Show Cause, Set Deadlines/Hearings, [48] MOTION for Order to Show Cause., [58] Order on Motion for Extension of Time. Document filed by Fox Shiver LLC.
05/15/2024 Telephone Conference
05/15/2024 ORDER granting [57] Letter Motion for Extension of Time. Application GRANTED. A conference to discuss the dispute with Etsy will be heard on May 29, 2024 at 4:20pm. Etsy, Inc. shall file an opposition to Plaintiff's motion no later than May 23, 2024. (Signed by Judge Lorna G. Schofield on 5/15/2024)
05/14/2024 FIRST LETTER MOTION for Extension of Time to May 23, 2024 to file its opposition and an adjournment of the hearing to a date thereafter addressed to Judge Lorna G. Schofield from Brendan M. Palfreyman dated 5-14-2024. Document filed by Etsy Inc.
05/14/2024 NOTICE OF APPEARANCE by Brendan Matthews Palfreyman on behalf of Etsy Inc.
05/13/2024 LETTER addressed to Judge Lorna G. Schofield from Dmitry Lapin, Esq. dated May 13, 2024 re: Supplement to Motion for Civil Contempt [Doc. # 48]. Document filed by Fox Shiver LLC.
05/09/2024 CERTIFICATE OF SERVICE of May 8, 2024 Order to Show Cause served on Etsy, Inc. on May 8, 2024. Document filed by Fox Shiver LLC.
05/08/2024 ORDER TO SHOW CAUSE: It is hereby ORDERED that non-party Etsy Inc. show cause before this Court on May 15, 2024, at 3:50 pm, at a telephonic hearing by calling 888-363-4749 and inputting the access code 558-3333, why an Order should not be made and entered pursuant to 18 USC �401 finding Etsy, Inc. in civil contempt of court for failing to comply with the April 19, 2024 and April 22, 2024 Orders. It is further ORDERED that Plaintiff shall serve this Order on Etsy, Inc. by May 8, 2024 and shall file proof of service. Etsy, Inc. may file a response to Plaintiff's motion by May 10, 2024, in a memorandum of law not to exceed ten pages. IT IS SO ORDERED. (Responses due by 5/10/2024, Telephone Conference set for 5/15/2024 at 03:50 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 5/8/2024)
05/08/2024 ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. [52] Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form.
05/08/2024 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Fox Shiver LLC. Related Document Number: [48]. Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
05/07/2024 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney Dmitry Lapin to RE-FILE Document No. [50] Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): The title of the document is not listed on the document. Re-file the document using the event type Proposed Order to Show Cause Without Emergency Relief found under the event list Proposed Orders.
05/07/2024 NOTICE OF VOLUNTARY DISMISSAL OF AS TO THE BELOW DEFENDANTS: Plaintiff, by and through the undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby voluntarily dismisses this action, with prejudice, and without costs to any party, specifically as it relates to the following Defendants only, who have not served an answer or moved for summary judgment in this action: 1. 2MommasOF7 2. LoveleesEssentials 3. PeaceinsideDesign 4. wannabedesigner 5. ZappleCustomTees The five above-named Defendants are dismissed. So Ordered. PeaceinsideDesign, Wannabedesigner, ZappleCustomTees, 2mommasOF7 and LoveleesEssentials terminated. (Signed by Judge Lorna G. Schofield on 5/7/2024)
05/07/2024 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Fox Shiver LLC. Related Document Number: [48]. Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
05/07/2024 DECLARATION of Dmitry Lapin in Support re: [48] MOTION for Order to Show Cause. Document filed by Fox Shiver LLC.
附件:
1:Exhibit A - Excerpt to Etsy's Response to TRO
2:Exhibit B - Emails to Etsy regarding Balance Transfer Orders
3:Exhibit C - May 1, 2024 email to Etsy
4:Exhibit D - May 2-3, 2024 email chain
5:Exhibit E - Time Entries
05/07/2024 MOTION for Order to Show Cause. Document filed by Fox Shiver LLC.
05/06/2024 NOTICE OF VOLUNTARY DISMISSAL OF AS TO THE BELOW DEFENDANTS: Plaintiff, by and through the undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby voluntarily dismisses this action, without prejudice, and without costs to any party, specifically as it relates to the following Defendants only, who have not served an answer or moved for summary judgment in this action: A. AestheticArtCompany, B. ArtsyCollectiblesPH, C. DziamborShop, D. Geschenketassen, E. kramnytsyaDeLight, F. Lasworks, G. LobotomyLair, H. NaomishopCo. The eight above-named Defendants are dismissed. So Ordered. DziamborShop, Geschenketassen, Lasworks, LobotomyLair, NaomishopCo, kramnytsyaDeLight, AestheticArtCompany and ArtsyCollectiblesPH terminated. (Signed by Judge Lorna G. Schofield on 5/3/2024)
05/06/2024 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) 2mommasOF7, LoveleesEssentials, PeaceinsideDesign, Wannabedesigner, ZappleCustomTees. Document filed by Fox Shiver LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
05/06/2024 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [44] Notice of Voluntary Dismissal, was reviewed and referred to Judge Lorna G. Schofield for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety.
05/03/2024 CERTIFICATE OF SERVICE of April 26, 2024 Court Order, along with prior court orders served on Remaining Defendants on 5/3/24. Document filed by Fox Shiver LLC.
05/03/2024 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) AestheticArtCompany, ArtsyCollectiblesPH, DziamborShop, Geschenketassen, Lasworks, LobotomyLair, NaomishopCo, kramnytsyaDeLight. Document filed by Fox Shiver LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
05/02/2024 NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANT NO. 72 ONLY: Plaintiff, by and through the undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby voluntarily dismisses this action, with prejudice, and without costs to any party, specifically as it relates to the following Defendants only, who have not served an answer or moved for summary judgment in this action: A. PureOceanDecals. The above-named Defendant is dismissed. So Ordered. PureOceanDecals terminated. (Signed by Judge Lorna G. Schofield on 5/2/2024)
05/02/2024 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [42] Notice of Voluntary Dismissal, was reviewed and referred to Judge Lorna G. Schofield for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety.
05/01/2024 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) PureOceanDecals. Document filed by Fox Shiver LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
05/01/2024 STATUS REPORT. Document filed by Fox Shiver LLC.
04/29/2024 NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANTS NO. 2, 50, 51, 69, 93, and 107 ONLY: Plaintiff, by and through the undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby voluntarily dismisses this action, with prejudice, and without costs to any party, specifically as it relates to the following Defendants only, who have not served an answer or moved for summary judgment in this action: A. Acuthemedmerch B. KoziApparel C. KQCases D. PlantStitch E. TheOtherDimension F. EmbrCreationsCo. The six above-named Defendants are dismissed. So Ordered. KoziApparel, PlantStitch, TheOtherDimension, acuthemedmerch, EmbrCreationsCo and KQCases terminated. (Signed by Judge Lorna G. Schofield on 4/29/2024)
04/29/2024 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [38] Notice of Voluntary Dismissal was reviewed and referred to Judge Lorna G. Schofield for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety.
04/26/2024 ORDER: It is hereby ORDERED that Plaintiff shall confer with the three Defendants for whom individuals appeared and file a status letter by May 1, 2024, describing the progress of those discussions. Defendants are advised that, in order to appear in this case, they must retain counsel. It is further ORDERED that the Show Cause Hearing is adjourned to May 15, 2024, at 3:50 P.M. By May 3, 2024, Plaintiff shall serve a copy of this Order and all prior orders on the remaining Defendants, via the same means as each Defendant was served with the complaint. Plaintiff shall file a certificate of service no later than May 4, 2024. (Show Cause Hearing set for 5/15/2024 at 03:50 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 4/26/2024)
04/26/2024 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) EmbrCreationsCo, KQCases, KoziApparel, PlantStitch, TheOtherDimension, acuthemedmerch. Document filed by Fox Shiver LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
04/25/2024 NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANTS NO. 30, 66, 89, and 106 ONLY: Plaintiff, by and through the undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby voluntarily dismisses this action, with prejudice, and without costs to any party, specifically as it relates to the following Defendants only, who have not served an answer or moved for summary judgment in this action: A. EarRelevantJewelry, B. NovemberWindCo, C. SweetthreadsGoods, D. ChromaCraftworks. The four above-named Defendants are dismissed. So Ordered. NovemberWindCo, SweetthreadsGoods, ChromaCraftworks and EarRelevantJewelry terminated. (Signed by Judge Lorna G. Schofield on 4/25/2024)
04/25/2024 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [36] Notice of Voluntary Dismissal was reviewed and referred to Judge Lorna G. Schofield for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety.
04/24/2024 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) ChromaCraftworks, EarRelevantJewelry, NovemberWindCo, SweetthreadsGoods. Document filed by Fox Shiver LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
04/22/2024 CONSENT ORDER AND JUDGMENT: IT IS HEREBY ORDERED that: 1. Etsy is ordered to transfer the Account Balance from BabylonFading's account to Plaintiff within seven (7) calendar days of receipt of this Order. 2. Upon Etsy's transfer of the Account Balance to Plaintiff, Etsy shall remove any restraints that were placed on BabylonFadings' e-commerce stores and financial accounts pursuant to the Temporary Restraining Order [Doc. 9]. 3. This case is dismissed solely as it relates to this Defendant, with leave to reinstate within one hundred and eighty (180) days, at such time, absent a motion to reinstate, shall automatically convert to a dismissal with prejudice. 4. Plaintiff and BabylonFading shall bear its own attorneys' fees and costs. The Clerk of Court is respectfully directed to close the motion at Dkt. 32. SO ORDERED. BabylonFading terminated. Motions terminated: [32] MOTION for Entry of Consent Judgment as to Defendant BabylonFading filed by Fox Shiver LLC. (Signed by Judge Lorna G. Schofield on 4/22/2024)
04/22/2024 NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANTS NO. 6, 19, 22, 26, 37, 54, 55, and 79 ONLY: Plaintiff, by and through the undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby voluntarily dismisses this action, with prejudice, and without costs to any party, specifically as it relates to the following Defendants only, who have not served an answer or moved for summary judgment in this action: A. AurayoCrafts, B. CoolCustomTee, C. CreativevilleTees, D. DeskNeko, E. GiveWithLoveShop, F. LeatoonApparel, G. LivingLuxeStudio, H. SharkmarkCreations. The eight above-named Defendants are dismissed. So Ordered. CreativilleTees, DeskNeko, GiveWithLoveShop, LeatoonApparel, LivingLuxeStudio, SharkmarkCreations, AurayoCrafts and CoolCustomTee terminated. (Signed by Judge Lorna G. Schofield on 4/19/2024)
04/22/2024 PROPOSED CONSENT ORDER. Document filed by Fox Shiver LLC.
04/22/2024 MOTION for Entry of Consent Judgment as to Defendant BabylonFading. Document filed by Fox Shiver LLC.
04/19/2024 CONSENT ORDER AND JUDGMENT: IT IS HEREBY ORDERED that: 1. Etsy is ordered to transfer the Account Balance from JustButtonsShop's account to Plaintiff within seven (7) calendar days of receipt of this Order. 2. Upon Etsy's transfer of the Account Balance to Plaintiff, Etsy shall remove any restraints that were placed on JustButtonsShop's e-commerce stores and financial accounts pursuant to the Temporary Restraining Order [Doc. 9]. 3. This case is dismissed solely as it relates to this Defendant, with leave to reinstate within one hundred and eighty (180) days, at such time, absent a motion to reinstate, shall automatically convert to a dismissal with prejudice. 4. Plaintiff and JustButtonsShop shall bear its own attorneys' fees and costs. SO ORDERED. The Clerk of Court is respectfully directed to close the motion at Dkt. 28. JustbuttonsShop terminated. Motions terminated: [28] MOTION Entry of Consent Judgment as to Defendant JustButtonsShop filed by Fox Shiver LLC. (Signed by Judge Lorna G. Schofield on 4/19/2024)
04/19/2024 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [30] Notice of Voluntary Dismissal, was reviewed and referred to Judge Lorna G. Schofield for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety.
04/18/2024 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) AurayoCrafts, CoolCustomTee, CreativilleTees, DeskNeko, GiveWithLoveShop, LeatoonApparel, LivingLuxeStudio, SharkmarkCreations. Document filed by Fox Shiver LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
04/18/2024 PROPOSED CONSENT ORDER. Document filed by Fox Shiver LLC.
04/18/2024 MOTION Entry of Consent Judgment as to Defendant JustButtonsShop. Document filed by Fox Shiver LLC.
04/17/2024 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Dmitry Lapin to RE-FILE re: Document No. [24] Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; Court's leave has not been granted. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave.
04/17/2024 ***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Dmitry Lapin to RE-FILE re: Document No. [25] AO 121 Form Copyright - Notice of Submission by Attorney. The filing is deficient for the following reason(s):. the Date Filed field on the AO 121 Copyright form was not completed by the attorney; the Docket Number field on the AO 121 Copyright form was not completed by the attorney. Re-file the document using the event type AO 121 Form Copyright - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 121 Copyright PDF form
04/16/2024 ORDER WHEREAS, a hearing on the motion for preliminary injunction was scheduled for April 17, 2024, at 4:20 pm; WHEREAS, on April 11, 2024, the Court granted Plaintiff's motion for alternative service and Defendants were served on April 12, 2024. It is hereby ORDERED that the preliminary injunction hearing scheduled for April 17, 2024, is adjourned to April 24, 2024, at 4:20 p.m. (Telephone Conference set for 4/24/2024 at 04:20 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 4/16/2024)
04/16/2024 NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANTS NO. 14, 38, 44, 85, 91, and 92 ONLY' Plaintiff, by and through the undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby voluntarily dismisses this action, with prejudice, and without costs to any party, specifically as it relates to the following Defendants only, who have not served an answer or moved for summary judgment in this action: A. CaramiccoApparel B. Glitterglue4u C. HollyHockSouls D. SpecTeeDesign E. TheMagFunnyShop F. TheMidnightMerchant The six above-named Defendants are dismissed. So Ordered. HollyhockSouls, SpecTeeDesign, TheMagfunnyShop, TheMidnightMerchantt, CaramiccoApparel and Glitterglue4u terminated. (Signed by Judge Lorna G. Schofield on 4/16/2024)
04/16/2024 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for additional pleading submitted to court for review.
04/16/2024 COMPLAINT against Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint, 2mommasOF7, AestheticArtCompany, AmriMagicPEN, ArtsyCollectiblesPH, AurayoCrafts, BabylonFading, BarclayStudioStore, BazaarVibe, BeroBread, Brodzar, BubblePT, CREEKTEE, CaramiccoApparel, ChiccoCoDesign, ChromaCraftworks, CoolCustomTee, CozyCraftShirts, CraftsmileShop, Creationscases, CreativeSanity, CreativilleTees, CustomSignUS, DeeNeeVee, DeskNeko, DiLussoUS, DigitalArtsShoppe, DziamborShop, EarRelevantJewelry, ElegantStylish, EmbrCreationsCo, FinleyApparelCo, FrecklesCreationCo, FunnyTeeUp, FunnyThreadsHaven, Geschenketassen, GiveWithLoveShop, Glitterglue4u, GrannyCatsCrafts, GreenHouseTshirt, Groovylines, Gumisel, HaddonfieldCreations, HeartArtRO, HollyhockSouls, IllustriousJaims, InspirexFunTees, JSIDmerch, JonBoyApparel, JumPicks, JustbuttonsShop, KQCases, KoziApparel, Lasworks, LeatoonApparel, LivingLuxeStudio, LobotomyLair, LoveleesEssentials, MASNUEVO, Mangaesthetics, ManyartsIndia, MarinaTStore, ModeVistaStudio, Modulary, Monaldy, NaomishopCo, NovaBySafir, NovemberWindCo, OxygenCrafts, PLWMART, PeaceinsideDesign, Personalised4rYou, PlantStitch, PrintySoul, PureOceanDecals, PurePopShop, PuzzLazz, QueendesignByIeva, SVGSHOPOXI, Saracybershop, SereneOasisStudio, ShamrockOrnament, SharkmarkCreations, ShellysHobbiesNSuch, ShopTheGildedFrame, SimpleSVGcraft, SimpleStyIes, SmittenKittenCreates, SpecTeeDesign, StylewithSmile, SullyCats, SweetthreadsGoods, TeeShirtCustomDesign, TheMagfunnyShop, TheMidnightMerchantt, TheOtherDimension, TheStickology, TypeFaceArt, VintageMiseryShop, Wannabedesigner, Westernbros, WhiskerWaresShop, WhiteBeachSweatshirt, WoodlandDreamsCo, ZappleCustomTees, acuthemedmerch, bydigitalworldshop, kramnytsyaDeLight. Document filed by Fox Shiver LLC.
附件:
1:Supplement Schedule A to Complaint
2:Exhibit A - Copyright Registrations
04/16/2024 AFFIDAVIT OF SERVICE of Copy of April 15, 2024 Order served on Leesha Bolton on 4/15/24. Document filed by XYZ Corp.
04/16/2024 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [22] Notice of Voluntary Dismissal, was reviewed and referred to Judge Lorna G. Schofield for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety.
04/15/2024 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) CaramiccoApparel, Glitterglue4u, HollyhockSouls, SpecTeeDesign, TheMagfunnyShop, TheMidnightMerchantt. Document filed by XYZ Corp. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
04/15/2024 ENDORSED LETTER addressed to Judge Lorna G. Schofield from Leesha Bolton dated 4/13/2024 re: Hi, my name is Leesha and my etsy business has been included in the case abovementioned in the subject line. I am currently in complete shock that this has occurred and I feel that since I received the first notifications of this case on Friday April 12th 1.30am (AEST, although my email states Thursday, April 11th 1.30pm) and I reside in Australia, I have not had sufficient time to seek any kind of legal support in this matter. ENDORSEMENT: Plaintiff's counsel is directed to confer with Defendant Bolton by April 19, 2024, to determine whether she is properly included as a defendant in this case and to send her, via email, a copy of this Order. Plaintiff's counsel shall file proof of service of this Order on Defendant Bolton. As Defendant Bolton has responded to the summons, she is not subject to the proceedings scheduled for April 17, 2024. Defendant Bolton shall answer or otherwise respond to the Complaint by May 3, 2024. So Ordered. (Signed by Judge Lorna G. Schofield on 4/15/2024)
04/12/2024 SUMMONS RETURNED EXECUTED. Creationscases served on 4/12/2024, answer due 5/3/2024; KQCases served on 4/12/2024, answer due 5/3/2024; QueendesignByIeva served on 4/12/2024, answer due 5/3/2024; Wannabedesigner served on 4/12/2024, answer due 5/3/2024. Document filed by XYZ Corp.
04/12/2024 SUMMONS RETURNED EXECUTED. 2mommasOF7 served on 4/11/2024, answer due 5/2/2024; AmriMagicPEN served on 4/11/2024, answer due 5/2/2024; AurayoCrafts served on 4/11/2024, answer due 5/2/2024; BabylonFading served on 4/11/2024, answer due 5/2/2024; BazaarVibe served on 4/11/2024, answer due 5/2/2024; BeroBread served on 4/11/2024, answer due 5/2/2024; Brodzar served on 4/11/2024, answer due 5/2/2024; BubblePT served on 4/11/2024, answer due 5/2/2024; CREEKTEE served on 4/11/2024, answer due 5/2/2024; CaramiccoApparel served on 4/11/2024, answer due 5/2/2024; ChromaCraftworks served on 4/11/2024, answer due 5/2/2024; CoolCustomTee served on 4/11/2024, answer due 5/2/2024; CraftsmileShop served on 4/11/2024, answer due 5/2/2024; CreativeSanity served on 4/11/2024, answer due 5/2/2024; CreativilleTees served on 4/11/2024, answer due 5/2/2024; CustomSignUS served on 4/11/2024, answer due 5/2/2024; DeeNeeVee served on 4/11/2024, answer due 5/2/2024; DeskNeko served on 4/11/2024, answer due 5/2/2024; DiLussoUS served on 4/11/2024, answer due 5/2/2024; DigitalArtsShoppe served on 4/11/2024, answer due 5/2/2024; EarRelevantJewelry served on 4/11/2024, answer due 5/2/2024; ElegantStylish served on 4/11/2024, answer due 5/2/2024; EmbrCreationsCo served on 4/11/2024, answer due 5/2/2024; FinleyApparelCo served on 4/11/2024, answer due 5/2/2024; FrecklesCreationCo served on 4/11/2024, answer due 5/2/2024; FunnyTeeUp served on 4/11/2024, answer due 5/2/2024; FunnyThreadsHaven served on 4/11/2024, answer due 5/2/2024; GiveWithLoveShop served on 4/11/2024, answer due 5/2/2024; Glitterglue4u served on 4/11/2024, answer due 5/2/2024; GrannyCatsCrafts served on 4/11/2024, answer due 5/2/2024; Groovylines served on 4/11/2024, answer due 5/2/2024; Gumisel served on 4/11/2024, answer due 5/2/2024; HaddonfieldCreations served on 4/11/2024, answer due 5/2/2024; HeartArtRO served on 4/11/2024, answer due 5/2/2024; HollyhockSouls served on 4/11/2024, answer due 5/2/2024; IllustriousJaims served on 4/11/2024, answer due 5/2/2024; InspirexFunTees served on 4/11/2024, answer due 5/2/2024; JSIDmerch served on 4/11/2024, answer due 5/2/2024; JonBoyApparel served on 4/11/2024, answer due 5/2/2024; JumPicks served on 4/11/2024, answer due 5/2/2024; JustbuttonsShop served on 4/11/2024, answer due 5/2/2024; KoziApparel served on 4/11/2024, answer due 5/2/2024; LeatoonApparel served on 4/11/2024, answer due 5/2/2024; LivingLuxeStudio served on 4/11/2024, answer due 5/2/2024; LoveleesEssentials served on 4/11/2024, answer due 5/2/2024; Mangaesthetics served on 4/11/2024, answer due 5/2/2024; ModeVistaStudio served on 4/11/2024, answer due 5/2/2024; Modulary served on 4/11/2024, answer due 5/2/2024; Monaldy served on 4/11/2024, answer due 5/2/2024; OxygenCrafts served on 4/11/2024, answer due 5/2/2024; PLWMART served on 4/11/2024, answer due 5/2/2024; Personalised4rYou served on 4/11/2024, answer due 5/2/2024; PlantStitch served on 4/11/2024, answer due 5/2/2024; PureOceanDecals served on 4/11/2024, answer due 5/2/2024; PurePopShop served on 4/11/2024, answer due 5/2/2024; PuzzLazz served on 4/11/2024, answer due 5/2/2024; QueendesignByIeva served on 4/11/2024, answer due 5/2/2024; Saracybershop served on 4/11/2024, answer due 5/2/2024; SereneOasisStudio served on 4/11/2024, answer due 5/2/2024; ShamrockOrnament served on 4/11/2024, answer due 5/2/2024; SharkmarkCreations served on 4/11/2024, answer due 5/2/2024; ShellysHobbiesNSuch served on 4/11/2024, answer due 5/2/2024; ShopTheGildedFrame served on 4/11/2024, answer due 5/2/2024; SimpleStyIes served on 4/11/2024, answer due 5/2/2024; SmittenKittenCreates served on 4/11/2024, answer due 5/2/2024; SpecTeeDesign served on 4/11/2024, answer due 5/2/2024; SullyCats served on 4/11/2024, answer due 5/2/2024; SweetthreadsGoods served on 4/11/2024, answer due 5/2/2024; TeeShirtCustomDesign served on 4/11/2024, answer due 5/2/2024; TheMagfunnyShop served on 4/11/2024, answer due 5/2/2024; TheMidnightMerchantt served on 4/11/2024, answer due 5/2/2024; TheOtherDimension served on 4/11/2024, answer due 5/2/2024; TheStickology served on 4/11/2024, answer due 5/2/2024; TypeFaceArt served on 4/11/2024, answer due 5/2/2024; VintageMiseryShop served on 4/11/2024, answer due 5/2/2024; Wannabedesigner served on 4/11/2024, answer due 5/2/2024; Westernbros served on 4/11/2024, answer due 5/2/2024; WhiskerWaresShop served on 4/11/2024, answer due 5/2/2024; WhiteBeachSweatshirt served on 4/11/2024, answer due 5/2/2024; WoodlandDreamsCo served on 4/11/2024, answer due 5/2/2024; ZappleCustomTees served on 4/11/2024, answer due 5/2/2024; acuthemedmerch served on 4/11/2024, answer due 5/2/2024. Document filed by XYZ Corp.
04/11/2024 ORDER: It is hereby ORDERED that Plaintiff's request for alternative service is GRANTED. (Signed by Judge Lorna G. Schofield on 4/11/2024)
04/08/2024 ELECTRONIC SUMMONS ISSUED as to Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint.
04/05/2024 REQUEST FOR ISSUANCE OF SUMMONS as to THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A TO THE COMPLAINT, re: [1] Complaint. Document filed by XYZ Corp.
04/05/2024 REDACTION to [14] Letter, Redacted Schedule of Defendants by XYZ Corp.
04/05/2024 ***EX-PARTE***SUPPLEMENTAL LETTER addressed to Judge Lorna G. Schofield from Dmitry Lapin, Esq. dated April 5, 2024 re: Plaintiff's Renewed Motion for Alternative Service. Document filed by XYZ Corp. (Attachments: # (1) Supplement Unredacted Schedule of Defendants)Motion or Order to File Under Seal: [13].
04/03/2024 MEMO ENDORSED ORDER with respect to [12] Motion to Serve. ENDORSEMENT: By April 8, 2024, Plaintiff shall file a schedule listing by column (1) each Defendant, (2) the country in which the Defendant resides, (3) whether that country is a signatory to the Hague Convention on the Service of Process Abroad, and (4) if so, whether the country has filed a Declaration / Reservation / Notification or other objection to service of process via postal mail or email. See generally, Uipath, Inc. v. Shanghai Yunkuo Info. Tech. Co., No. 23 CIV. 7835 (LGS), 2023 WL 8600547 (S.D.N.Y. Dec. 12, 2023). Plaintiff shall file the schedule on the docket and may redact the name in column (1). An unredacted copy shall be filed under seal. Plaintiff shall email a courtesy copy of the schedule to Chambers together with an unredacted copy of the complaint with attachments. (Signed by Judge Lorna G. Schofield on 4/3/2024)
04/02/2024 MOTION to Serve Certain Defendants via e-mail. Document filed by XYZ Corp.
04/01/2024 ORDER granting in part and denying in part [10] Letter Motion to Adjourn Conference. Application GRANTED in part and DENIED in part. The hearing on the motion for preliminary injunction shall be adjourned until April 17, 2024, at 4:20pm. Any Defendant seeking to modify or dissolve the TRO shall serve notice by April 12, 2024, and any opposing papers shall be filed by April 15, 2024. The restraints imposed by the March 18, 2024, order are EXTENDED and shall remain effect through April 15, 2024. Plaintiff's request to serve Defendants by email is DENIED without prejudice. Plaintiff may resubmit the request with a showing of why alternative service via email comports with the Federal Rules of Civil Procedure and is either authorized by international agreement or not prohibited by international agreement. See, e.g., Uipath, Inc. v. Shanghai Yunkuo Info. Tech. Co., No. 23 CIV. 7835 (LGS), 2023 WL 8600547, at *2 (S.D.N.Y. Dec. 12, 2023). Plaintiff's request for a law student appearance is GRANTED. Ms. Mihlstin shall be accompanied at any proceedings by an attorney admitted to this Court in accordance with the Plan for Student Practice in Civil Actions. Telephone Conference set for 4/17/2024 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/1/2024)
03/29/2024 LETTER MOTION to Adjourn Conference, for alternative service of process, and to permit law student practice addressed to Judge Lorna G. Schofield from Dmitry Lapin, Esq. dated March 29, 2024. Document filed by XYZ Corp.
附件:
1:Affidavit Law Student Practice Form
03/18/2024 ORDER GRANTING PLAINTIFF'S EX PARTE MOTION FOR ENTRY OF TEMPORARY RESTRAINING ORDER AND ORDER RESTRAINING TRANSFER OF ASSETS: Based on the foregoing findings of fact and conclusions of law, Plaintiff's Application is hereby GRANTED and it is ORDERED as follows: 1. As sufficient cause has been shown, Defendants are temporarily enjoined and restrained from engaging in any of the following conduct pending the return date of the Application as referenced below: a. Using the Subject Works, or any reproductions, counterfeit copies, or colorable imitations thereof in any manner in connection with the distribution, marketing, advertising, offering for sale, or sale of any products, including the Infringing Products, as further set forth herein. The Clerk of Court is directed to issue a single original summons in the name of "THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A TO THE COMPLAINT" that shall apply to all Defendants. Plaintiff shall deposit with the Court Five Thousand Dollars ($5,000.00), either by cash or law firm check, as security, which amount was determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Schedule A to the Complaint, Plaintiff's ex parte Applications for entry of a Temporary Restraining Order, Preliminary Injunction, a Restraint on the Transfer of Assets, Expedited Discovery, and all associated documents annexed thereto, including Exhibits, Declarations, and Proposed Orders shall be sealed and remain sealed until Defendants' Accounts, Defendants' Financial Accounts, and Defendants' Assets are restrained. 14. Plaintiff shall file unsealed versions of all of the above using the CM/ECF system prior to the expiration of this Order. 15. Plaintiff shall continue to proceed under a pseudonym until Defendants' Accounts, Defendants' Financial Accounts, and Defendants' Assets are restrained. Any Defendants that are subject to this Order may appear and move to dissolve or modify the Order on five (5) days' notice to Plaintiff or on shorter notice as set by this Court. IT IS FURTHER ORDERED that a hearing shall be held telephonically on April 3, 2024, at 3:45 P.M., at which Plaintiff may present its arguments in support of its request for issuance of a preliminary injunction. At such time, any Defendants may also be heard as to opposition to Plaintiff's Application. To join the hearing, the parties shall call 888-363-4749 and input the access code 558-3333. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed and served on or before April 1, 2024, by emailing Schofield_NYSDChambers@nysd.uscourts.gov, and served on Plaintiff's counsel at the address listed on ECF. The Temporary Restraining Order without notice is entered at 4:40 P.M. on March 18, 2024, and shall remain in effect for fourteen (14) days. IT IS FURTHER ORDERED that Defendants are hereby given notice that failure to appear the show cause hearing scheduled above may result in the imposition of a preliminary injunction against them pursuant to Fed. R. Civ. P. 65, which may take effect immediately upon the expiration of this Order, and may extend throughout the length of the litigation under the same terms and conditions set forth in this Order. SO ORDERED. Motions terminated: [4] EMERGENCY MOTION for Temporary Restraining Order Leave to file under seal granted under 24-mc-107 filed by XYZ Corp. (Show Cause Response due by 4/1/2024. Telephone Conference set for 4/3/2024 at 03:45 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 3/18/2024)
03/18/2024 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. [8] Proposed Order was reviewed and approved as to form.
03/18/2024 ***EX-PARTE***PROPOSED ORDER. Document filed by XYZ Corp. Related Document Number: [4]. Motion or Order to File Under Seal: [107]. Proposed Order to be reviewed by Clerk's Office staff.
03/18/2024 Transmission to Finance Unit (Cashiers). Transmitted re: [9] Order to Show Cause, to the Finance Unit (Cashiers) for case processing.
03/18/2024 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Dmitry Lapin to RE-FILE Document No. [7] Proposed Order. The filing is deficient for the following reason(s): there is no signature line for the Judge to endorse on. Re-file the document using the event type Proposed Order found under the event list Proposed Orders - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF.
03/18/2024 ***EX-PARTE***PROPOSED ORDER. Document filed by XYZ Corp. Related Document Number: [4]. Motion or Order to File Under Seal: [107]. Proposed Order to be reviewed by Clerk's Office staff.
03/18/2024 ***EX-PARTE***DECLARATION of Dmitry Lapin in Support re: [4] EMERGENCY MOTION for Temporary Restraining Order Leave to file under seal granted under 24-mc-107. Document filed by XYZ Corp. (Attachments: # (1) Exhibit A - Websites, # (2) Exhibit B - Translated Websites)Motion or Order to File Under Seal: [107].
03/18/2024 ***EX-PARTE***DECLARATION of [redacted] in Support re: [4] EMERGENCY MOTION for Temporary Restraining Order Leave to file under seal granted under 24-mc-107. Document filed by XYZ Corp. (Attachments: # (1) Exhibit A - Copyright Registrations, # (2) Exhibit B - List of Infringing Listings, # (3) Exhibit C - Screencaptures)Motion or Order to File Under Seal: [107].
03/18/2024 ***EX-PARTE***EMERGENCY MOTION for Temporary Restraining Order Leave to file under seal granted under 24-mc-107. Document filed by XYZ Corp.Motion or Order to File Under Seal: [107]. (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.
03/15/2024 SEALED DOCUMENT placed in vault.
03/15/2024 ***NOTICE TO ATTORNEY TO SUBMIT AO 121 FORM COPYRIGHT. Notice to Attorney Dmitry Lapin to submit a completed AO 121 Form Copyright to court for review. Use the event type AO 121 Copyright - Notice of Submission by Attorney found under the event list Other Documents.
03/15/2024 ORDER REDACTING PLEADING FILED IN 24-MC-107.
03/15/2024 CIVIL COVER SHEET filed.
03/15/2024 COMPLAINT against Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint. (Filing Fee $ 405.00, Receipt Number 27442)Document filed by XYZ Corp.

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