最近更新：2024-12-25
2020-cv-00395
| 日期 | 描述 |
|---|---|
| 03/16/2021 | PLAINTIFFS' NOTICE OF DISMISSAL WITHOUT PREJUDICE OF ALL CLAIMS AND PARTIES, AND ORDER by Zuru (Singapore) PTE, Ltd., Zuru Inc. - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/16/2021. This action is dismissed without prejudice, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. |
| 01/29/2021 | ORDER DENYING PLAINTIFF'S EX PARTE MOTION FOR ENTRY OF TEMPORARY RESTRAINING ORDER, TEMPORARY TRANSFER OF DEFENDANT DOMAINS, TEMPORARY ASSET RESTRAINT, EXPEDITED DISCOVERY, AND ELECTRONIC SERVICE OF PROCESS/PUBLICATION, ECF NO. 23 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 1/29/2021. Plaintiffs have failed to show that ex parte relief is warranted in this case. In addition to seeking an injunction on Defendants' infringing conduct, transfer of Defendants' domain names, and a freeze on Defendants' assets, Plaintiffs also request electronic service and expedited discovery as "part of" the TRO. ECF No. 23 at PageID # 162. Because Plaintiffs request all of this relief under the umbrella of their ex parte TRO application, Plaintiffs' Motion is DENIED in full. That said, if appropriate, Plaintiffs may file a renewed request for electronic service or expedited discovery with the magistrate judge. |
| 12/29/2020 | COURT'S CERTIFICATE OF SERVICE - a copy of [32] Report on the Filing or Determination of an Action Regarding a Patent or Trademark (AO 120) has been served by First Class Mail to Director of the U.S. Patent and Trademark Office, Mail Stop 8, P.O. Box 1450, Alexandria, VA 22313-1450. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). |
| 12/29/2020 | COURT'S CERTIFICATE OF SERVICE - a copy of ECF Nos. 1, 21, & 32 Report on the Filing or Determination of an Action Regarding a Patent or Trademark (AO 120) has been served by First Class Mail to Director of the U.S. Patent and Trademark Office, Mail Stop 8, P.O. Box 1450, Alexandria, VA 22313-1450. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jo) Modified on 12/30/2020 |
| 12/22/2020 | NOTICE by Zuru (Singapore) PTE, Ltd., Zuru Inc. REPORT ON THE FILING OR DETERMINATION OF AN ACTION REGARDING A PATENT OR TRADEMARK (AO 120), Zuru (Singapore) PTE, Ltd., Zuru Inc. |
| 12/17/2020 | EO: Plaintiffs' Ex Parte Motion to Extend Time for Service and to Continue the Rule 16 Scheduling Conference, ECF No. [30], is GRANTED. The time for service is extended to March 16, 2021, pending resolution of Plaintiff's Motion for Temporary Restraining Order, which may set a different date for service. The Rule 16 conference now set for January 4, 2021 before Magistrate Judge Mansfield is VACATED. It will be re-set for an appropriate date after the Amended Complaint is served. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| 12/10/2020 | EX PARTE Motion FOR FIRST REQUEST TO EXTEND THE TIME FOR SERVICE OF THE COMPLAINT AND TO CONTINUE THE RULE 16 SCHEDULING CONFERENCE; DECLARATION OF GLENN T. MELCHINGER, Glenn T. Melchinger appearing for Plaintiffs Zuru (Singapore) PTE, Ltd., Zuru Inc. (Attachments: # (1) Declaration of Glenn T. Melchinger) |
| 12/02/2020 | EO: For the reasons stated on the record at the December 2, 2020 hearing, ECF No. [28], Plaintiffs' request to seal their entire Motion for Temporary Restraining Order (ECF No. [24]) is DENIED. As ordered on November 25, 2020, however, Exhibit 1 to the Declaration of Jessica Arnaiz attached to the Motion for Temporary Restraining Order remains sealed. See ECF No. [27]. Accordingly, the Clerk of Court is directed to UNSEAL Plaintiffs' Ex Parte Motion for Temporary Restraining Order and other relief, ECF No. [23], and all related exhibits and declarations EXCEPT for Exhibits 1-01 to 1-12. That is, Exhibits 1-01 to 1-12, ECF Nos. 23-2 to 23-13, remain temporarily SEALED until further order from the court. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| 12/02/2020 | EO: Hearing on Plaintiff's Motion to Seal their entire Motion for Temporary Retaining Order conducted by telephone conference held. Discussion held. Court to issue a written order. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| 11/25/2020 | EO: Plaintiffs' "Ex Parte Motion to Temporarily Seal Certain Information in Plaintiffs' Motion for Temporary Restraining Order and Other Relief," ECF No. 24 (the "Motion to Seal"), is GRANTED in PART as follows: Plaintiffs have demonstrated compelling reasons to temporarily seal (1) Schedule A to their Amended Complaint, ECF No. 21-1 (also in the docket at ECF No. 1-1); and (2) Exhibit 1 to the Declaration of Jessica Arnaiz, ECF Nos. 23-2 to 23-13. In those respects, the Motion to Seal is GRANTED. Plaintiffs' request to seal any order ruling upon their Motion for Temporary Restraining Order ("TRO"), see ECF No. 24 at PageID # 1329, is DEFERRED until after the court further analyzes and prepares a ruling on the TRO Motion. The court is inclined to DENY Plaintiffs' request to seal the entire Motion for TRO, which is now on the docket at ECF No. 23 (and related exhibits that are not otherwise properly sealed). The court might allow Plaintiffs to file a redacted version of their Motion for TRO--with limited redactions only--if they can demonstrate compelling reasons for each specific redaction. The court will hold a telephonic hearing on December 2, 2020 at 10:00 a.m. to discuss this inclination. Parties are to participate via the court's AT&T teleconference services. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. Call-in number: 1-888-684-8852 Access Code: 5551921 (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| 11/24/2020 | CERTIFICATE of Word Limit of Counsel re 23 EX PARTE Motion By Plaintiffs Proceeding in their Own Names. Modified on 11/25/2020 |
| 11/24/2020 | EO: Plaintiffs' Motion for Leave to File Memorandum Exceeding Word Limit, ECF No. 22, is GRANTED. By November 27, 2020, Plaintiffs are directed to file a certificate in accordance with Local Rule 7.4(e) with the number of applicable words contained in their memorandum at ECF No. 23. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| 11/22/2020 | MOTION to Seal Document 21 Amended Complaint, 23 EX PARTE Motion By Plaintiffs Proceeding in their Own Names To Seal certain information in Schedule A to the Complaint, Motion for TRO Glenn T. Melchinger appearing for Plaintiffs Doe Corporation 1, Doe Corporation 2 附件： 1:Declaration of Glenn Melchinger |
| 11/22/2020 | EX PARTE Motion By Plaintiffs Proceeding in their Own Names Glenn T. Melchinger appearing for Plaintiffs Doe Corporation 1, Doe Corporation 2 附件： 1:Declaration of Jessica Arnaiz 2:Exhibit Ex. 1-01 -online infringement information 3:Exhibit Ex. 1-02 4:Exhibit Ex. 1-03 5:Exhibit Ex. 1-04 6:Exhibit Ex. 1-05 7:Exhibit Ex. 1-06 8:Exhibit Ex. 1-07 9:Exhibit Ex. 1-08 10:Exhibit Ex. 1-09 11:Exhibit Ex. 1-10 12:Exhibit Ex. 1-11 13:Exhibit Ex. 1-12 14:Declaration of Stephen Drysdale 15:Exhibit Ex. 2 - Robofish Mark registration 16:Exhibit Ex. 3 - mark assignment 17:Exhibit Ex. 4 - Robo Alive Mark registration 18:Exhibit Ex. 5 - mark assignment 19:Declaration of Katie Kavanaugh 20:Declaration of Glenn Melchinger 21:Exhibit Ex. 6 - Mark monitor reports 22:Exhibit Ex. 7 - DHS seizure stats 23:Exhibit Ex. 8 - Econ impact Report re counterfeiting 24:Exhibit Ex. 9 - ICANN registry agreement 25:Exhibit Ex. 10 - Hague Convention 26:Exhibit Ex. 11 - PRC Civil Law Proc.) Modified on 11/23/2020 (jo |
| 11/22/2020 | First MOTION for Leave to File Excess Pages Regarding Plaintiffs' Motion for Temporary Restraining Order and Other Relief Glenn T. Melchinger appearing for Plaintiffs Doe Corporation 1, Doe Corporation 2 附件： 1:Declaration of Glenn Melchinger |
| 11/22/2020 | [AMENDED] COMPLAINT in Plaintiffs' company names against Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A, filed by Doe Corporation 1, Doe Corporation 2 附件： 1:Appendix Schedule A of Defendants - Redacted) Modified on 11/23/2020 (jo |
| 11/16/2020 | MEMORANDUM re [17] Order on Ex Parte Motion, Terminate Motion Deadlines/Hearings (inc F&R), [SUPPLEMENTAL MEMORANDUM REGARDING ECF NO. 17 CONCERNING PSEUDONYMOUS PROCEEDINGS AND REDACTIONS], filed by Doe Corporation 1, Doe Corporation 2. |
| 11/04/2020 | EO: In light of Plaintiffs' request in their October 28, 2020 letter requesting a continuance of the Rule 16 Scheduling Conference currently set for 11/16/2020, the Court CONTINUES the Rule 16 Scheduling Conference TO 09:30AM on 1/4/2021 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling Conference Statements are due on 12/28/2020. Parties are to participate via telephone through the court's AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes before the hearing's scheduled start time. Dial in number is 1-877-848-7030 Access Code is 2123668 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield3) |
| 11/03/2020 | Email to Magistrate Judge Kenneth J. Mansfield from Glenn T. Melchinger, Esq., dated October 28, 2020, Re: request to continue Rule 16 Scheduling Conference set for November 16, 2020 at 9:30 a.m. |
| 11/02/2020 | EO: Plaintiffs' Amended Ex Parte Motion to Proceed Temporarily Under Pseudonym and to File Reference Lists and Identifying Information Under Seal, ECF No. [16] ("Amended Pseudonym Motion") is DENIED without prejudice. The arguments in the Amended Pseudonym Motion are unsupported by prima facie evidence of a strong showing that Plaintiffs are entitled to immediate relief. Although the Amended Pseudonym Motion described in greater detail the nature of Plaintiffs' intended injunctive relief motion, it fails to support Plaintiffs' arguments with proof, i.e., evidence. The court's October 9, 2020 Order Denying Without Prejudice Motion to Redact Complaint, ECF No. [13], explained that the relief sought "will turn largely on the strength of the evidence supporting Plaintiffs' allegations, whether brought to the court's attention in an Amended Pseudonym Motion or in an appropriate motion seeking temporary or preliminary injunctive relief (or both)." Id. at PageID # 74. The October 9, 2020 Order allowed, but did not require, Plaintiffs to file their substantive injunctive relief motion at the same time as the Amended Pseudonym Motion. But even filed by itself, the Amended Pseudonym Motion still required strong evidence to support the allegations before the court would allow (even temporarily) the pseudonyms and redactions sought by Plaintiffs. As the court stated in the October 9, 2020 Order, "[t]he court will not seal the parties' names and the products in this case without a strong showing that Plaintiffs are entitled to immediate relief preserving the status quo as well as the 'other relief' sought." Id. at PageID # 75. To be clear, Plaintiffs must make that "strong showing" through evidence. Moreover, it would be particularly helpful if Plaintiffs provided specific evidence of prior situations where defendants have taken "evasive" action in other courts upon learning of (public) enforcement actions as described by counsel. See Melchinger Decl. ¶ 3, ECF No. 16-1 at PageID # 93. Accordingly, the Amended Pseudonym Motion is DENIED without prejudice to Plaintiffs making the necessary showing by a supplemental filing on or before November 16, 2020. Further, although Plaintiffs cite to examples of courts that have granted similar ex parte relief as that sought here, the court also directs Plaintiffs to notify the court (if Plaintiffs are aware) of orders that have denied similar requests to proceed with pseudonyms in trademark infringement actions. If a "strong showing that Plaintiffs are entitled to immediate relief" is not made by that date, the court will proceed to either (1) unseal the Complaint (by filing the unredacted version of the Complaint, Reference List, and Exhibit A) or (2) allow Plaintiffs to dismiss the Complaint. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| 10/30/2020 | EX PARTE Motion -Amended- to Proceed Temporarily Under Pseudonym and To File Reference Lists And Identifying Information Under Seal Glenn T. Melchinger appearing for Plaintiffs Doe Corporation 1, Doe Corporation 2 (Attachments: # (1) Declaration Decl. Glenn Melchinger, # (2) Exhibit Ex. 1 (sample order), # (3) Exhibit Redacted Reference list re Plaintiffs) |
| 10/20/2020 | EO: The entering order of October 19, 2020, ECF No. 14, is AMENDED to replace "Defendants" with "Plaintiffs" to read as follows: Plaintiffs state that they have no objection to the unsealing of ECF Nos. 7 and 10 (with any current redactions). See October 16, 2020 response to the court's October 9, 2020 Order to Show Cause in In re: Civil Beat Law Center for the Public Interest, Misc. No. 20-00443 JMS-KJM. The docket entries were automatically sealed after being filed on an "ex parte" basis. Given Plaintiffs' statement, the court ORDERS that (1) ECF No. 7 (Plaintiffs' "Ex Parte Motion to Proceed Temporarily Under Pseudonym and to File Reference Lists Under Seal") and (2) ECF No. 10 (Plaintiffs' "Ex Parte Motion for Leave to File Complaint; Schedule A, Publicly with Redactions and Submit Unredacted Version Under Seal") be UNSEALED. This unsealing also pertains to associated filings (i.e., ECF Nos. 7-1, 7-2, 7-3, 10-1, 10-2). Any current redactions on these documents shall remain, at least until further order from the court. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| 10/19/2020 | EO: Defendants state that they have no objection to the unsealing of ECF Nos. 7 and 10 (with any current redactions). See October 16, 2020 response to the court's October 9, 2020 Order to Show Cause in In re: Civil Beat Law Center for the Public Interest, Misc. No. 20-00443 JMS-KJM. The docket entries were automatically sealed after being filed on an "ex parte" basis. Given Defendants' statement, the court ORDERS that (1) ECF No. 7 (Plaintiffs' "Ex Parte Motion to Proceed Temporarily Under Pseudonym and to File Reference Lists Under Seal") and (2) ECF No. 10 (Plaintiffs' "Ex Parte Motion for Leave to File Complaint; Schedule A, Publicly with Redactions and Submit Unredacted Version Under Seal") be UNSEALED. This unsealing also pertains to associated filings (i.e., ECF Nos. 7-1, 7-2, 7-3, 10-1, 10-2). Any current redactions on these documents shall remain, at least until further order from the court. (CHIEF JUDGE J. MICHAEL SEABRIGHT) |
| 10/09/2020 | ORDER DENYING WITHOUT PREJUDICE MOTION TO REDACT COMPLAINT, ECF NO. [10] - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 10/9/2020. Plaintiffs' "Ex Parte Motion for Leave to File Complaint [and] Schedule A Publicly with Redactions and Submit Unredacted Version Under Seal," ECF No. [10], is DENIED without prejudice. The court will consider the issue in conjunction with Plaintiff's Amended Pseudonym Motion, which must be filed by October 30, 2020. Meanwhile, the Complaint may remain in its present redacted form. |
| 10/02/2020 | MEMORANDUM re 11 Link, [SUPPLEMENTAL MEMORANDUM IN SUPPORT OF EX PARTE MOTION FOR LEAVE TO FILE COMPLAINT; SCHEDULE A, PUBLICLY WITH REDACTIONS AND SUBMIT UNREDACTED VERSION UNDER SEAL], filed by Doe Corporation 1, Doe Corporation 2. |
| 09/25/2020 | EO: The court has received an "Ex Parte Motion for Leave to File Complaint; Schedule A, Publicly with Redactions and Submit Unredacted Version Under Seal," ECF No. [10]. The court is always concerned with protecting the public's interests and rights in favor of access to court records, and as part of that duty, requires parties seeking to seal certain information to meet appropriate standards. Plaintiffs' ex parte motion addresses the "good cause" standard in Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006), but does not address a subsequent case, Center for Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092, 1101 (9th Cir. 2016) ("more than tangentially related to the merits of a case"). Further, the ex parte motion assumes that because a complaint is not "dispositive," the "good cause" standard applies. Under Center for Auto Safety, however, this is incorrect. Specifically, Plaintiffs do not address whether they need to (and if so, whether they do) meet a "compelling reasons" standard. Accordingly, Plaintiffs are requested to file a supplement memorandum limited to 5 pages addressing Center for Auto Safety. A supplemental memorandum, which may be filed on an ex parte basis under seal, is due by October 2, 2020. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| 09/25/2020 | EX PARTE Motion FOR LEAVE TO FILE COMPLAINT; SCHEDULE A, PUBLICLY WITH REDACTIONS AND SUBMIT UNREDACTED VERSION UNDER SEAL, Glenn T. Melchinger appearing for Plaintiffs Doe Corporation 1, Doe Corporation 2 (Attachments: # (1) Declaration of Glenn T. Melchinger, # (2) [Proposed] Order Granting Ex Parte Motion for Leave to File Complaint; Schedule A, Publicly with Redactions and Submit Unredacted Version Under Seal) |
| 09/17/2020 | SEALED EP: Status Conference conducted by telephone conference held UNDER SEAL. (Reporter-Cynthia Fazio) (CHIEF JUDGE J. MICHAEL SEABRIGHT) |
| 09/17/2020 | EO: SEALED Status Conference to be conducted by telephone conference is set for 09/17/2020 at 03:00 PM before CHIEF JUDGE J. MICHAEL SEABRIGHT. Parties are to participate via the court's AT&T teleconference services. Courtroom manager to provide call-in information. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) Modified on 9/17/2020 (rlfh). |
| 09/17/2020 | EX PARTE Motion to Proceed Temporarily Under Pseudonym and to File Reference Lists Under Seal, Glenn T. Melchinger appearing for Plaintiffs Doe Corporation 1, Doe Corporation 2 附件： 1:Declaration of Glenn T. Melchinger 2:REDACTED - Reference List 3:PROPOSED - Order Granting Plaintiffs' Ex Parte Motion to Proceed Temporarily Under Pseudonym and to File Reference Lists Under Seal |
| 09/16/2020 | CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. 附件： 1:AO 398 Notice of Lawsuit and Request to Waive Service of Summons 2:AO 399 Waiver of Service of Summons |
| 09/16/2020 | Order Setting Rule 16 Scheduling Conference is set for 09:30AM on 11/16/2020 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 9/16/2020. THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT. 附件： 1:Memo from Clerk Re: Corporate Disclosure Statements) <hr> ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL |
| 09/16/2020 | CIVIL Cover Sheet by Doe Corporation 1, Doe Corporation 2. |
| 09/16/2020 | NOTICE of Case Assignment: Please reflect Civil case number CV 20-00395 JMS-KJM on all further pleadings. |
| 09/16/2020 | Corporate Disclosure Statement by Doe Corporation 1, Doe Corporation 2. |
| 09/16/2020 | COMPLAINT ; SCHEDULE A; SUMMONS IN A CIVIL ACTION, against Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A (Filing fee $ 400 receipt number 0975-2423466.), filed by Doe Corporation 1, Doe Corporation 2. 附件： 1:[Redacted] SCHEDULE A to Complaint 2:[Proposed] SUMMONS IN A CIVIL ACTION |
